Drawing money with ATM card of a dead person is punishable
PremiumYou can execute a single relinquishment deed on the same date, provided you have obtained a power of attorney
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Is it legal to withdraw money from a deceased parent’s bank account using an ATM card and PIN? If someone did make such a withdrawal after the death of the parent, without informing the bank but later informed the bank about the person’s demise, what criminal punishment would it draw? Will there be any dispute or claim regarding the account or legal heirs?
—Name withheld on request
The given case, based on the limited information provided, amounts to cheating the bank and other legal heirs. In the given situation, one can file a police complaint that will be investigated.
Assuming that most funds from the account have been withdrawn, you will need to apply for a probate, or letters of administration of the deceased’s estate (which would be converted to a suit in case of a dispute among legal heirs). You will also have to file a criminal complaint after obtaining the bank account statement, CCTV footage (if possible), death certificate of the account holder, and other proof (such as who had the ATM card when the cash was withdrawn). Depending on the allegations made, criminal punishment will be applicable.
My five siblings and I have a share in ancestral property. We would now like to relinquish rights in favour of our real aunt. Do we have to execute the relinquishment deed jointly or can we do it separately? As one sibling resides abroad, can the deed be done on the same date?
—Name withheld on request
You can execute a single relinquishment deed on the same date, provided you have obtained a power of attorney for the purpose from the sibling who is abroad. Subsequently, others can implement the deed in favour of their aunt. The relinquishment deed will necessitate being registered before the sub-registrar of assurances having appropriate jurisdiction.
Aradhana Bhansali is partner, Rajani Associates.
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