• Who can legally access deceased persons bank accounts

My ex husband died suddenly leaving no will. We have 3 adult children who are next of kin. My exes brother is planning on taking 300.00 from his deceased brothers account. It was a solo account he just happens to have the ATM card since they lived together. My children are the legal heirs and wanted to access the money to pay for final expenses. Can the brother legally take that money or how do we stop him? The account has less than 1500.00 in it.
Asked 4 years ago in Family Law
Religion: Other

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15 Answers

on demise of your ex husband his 3 children would be the legal heirs

2) your ex brother in law cannot with draw any money from said account using your ex husband ATM card

3) it is criminal offence to do and police complaint can be filed against him

4) inform the bank of deceased husband death they will freeze the account

5) money lying in account would be paid to legal heirs

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Hello,

Write to the bank that there are legal heirs to the dceased and the account be freezed till order from court is passed.

Obtain a succession certificate from the bank in order to het access to the account to claim your and your sons/ daughters share.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You have to apply for succession certificate in India I assuming movable property in India. Below is full procedure for NRI.

1) When it comes to individual’s property or asset, he/she should try to be prepared for future – which is true in the case of NRIs. He/she can prepare a will in advance or appoint a nominee in all financial accounts like fixed deposits, stocks, saving accounts or mutual funds, etc., or can even file nominee for the property ownership.

2) But what happens when the person dies without preparing a Will? What steps can an heir take to obtain what is rightfully his? These situations raise a need for a solution which can help in claiming everything that belongs to the heir of the deceased.

3) In such a case where an individual dies without leaving a will (intestate), the legal heirs of the deceased person can apply in the court for the issuance of ‘Succession Certificate.’

4) Succession Certificate is a certificate granted to the legal heirs of the deceased person by the court so that they can claim the movable or immovable property along with the debts left behind by the deceased.

5)The issuance of such certificate is governed by The Indian Succession Act 1925. This certificate authorizes the heirs to get assets or securities transferred in their names. Along with the assets, the successor has to take responsibility and liability for clearing any debts or security attached to the property.

6)To obtain the certificate, the successor has to file a petition in the court. The petition should be filed with the competent jurisdiction where the property of the deceased person is located, or the dead person resided. In the petition the particular petitioner has to specify:-

His/ her name

The time, date and place of death

Relationship with the deceased person

Names of all heirs of the deceased person and attach the death certificate of the same.

After filing the petition with the court, a notice is issued in the newspaper. The notice specifies the period in which if any person has any objection he/she can do so if there is none the court issues the Succession Certificate to the petitioner.

It commonly takes 6 – 8 months from the date of filing the petition to obtain the Succession Certificate. The High Court and the District Court both have jurisdiction in the case of issuance of the certificate.

7)To claim what is rightfully yours is not wrong but sometimes it’s difficult to do so. Many times an NRI citizen who knows all the details of the property that in a way belongs to him/her finds himself/herself in a position where due to the lack of Will, claiming the same property becomes difficult.

In such a case if the NRI takes proper advice and consults with the appropriate property expert lawyers before taking a major step, claiming what is rightfully his/hers becomes

easy. Prevention is better than cure!

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1.Well,on the death of a male Hindu his class-I legal heirs alone inherit his proeprty which includes his mother, widow and children.

2.if his mother is no more and he has not remarried since then, his 3 children alone inherit his proeprty. His brother being the class-II legal heir will not inherit anything from him.

3.Now since his brother has taken money or may likely to defraud further the children can lodge complaint with police for cheating.

4. For further actions they can inform the bank about the death of their father so the transaction is stopped and the ATM card is blocked.

5 The bank may ask for succession certificate to distribute all his liquid assets among his legal heirs.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hi,

The bank account comes with the nominations. On the basis of the death certificate the nominee can claim the amount in the bank account legally.

In other case the legal hairs can claim the amount.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You must be kind enough to give all of 1500 Rupees to your husband's brother.

However, the bank has authority to check this amount on written application on behalf you if you really prove yourself a widow of your husband. So, you must approach to the bank.

Raj Kumar Mishra
Advocate, Allahabad
165 Answers
2 Consultations

4.5 on 5.0

It is only after obtaining succession certificate that the interest, rent and other securities of the deceased shall be enjoyed the legal heirs of the deceased. Succession certificate has to be obtained from the district court of the jurisdiction where the deceased lived. As his brother is having his ATM, it cannot be stopped. Complain to police to retrieve the card stating he has stolen.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. Mere possession of the ATM card of your husband does not give any right to your husband;s brother to operate that account, much less withdraw any amount.

2. The legal heirs of your deceased husband are you and all your children. If your husband had made no nomination to his bank account then you and your children alone succeed to it.

3. Write to the Branch Manager of the bank to block withdrawal of any money from the account.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. You should first send a letter to the said bank asking it to stop transaction in the said account since the account holder has demised.

2. Thereafter you can apply for and avail the succession certificate from the Court and all the successors can equally inherit the amount left in the said account.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Your children being biological children of their deceased father are the legal heirs and successors to his estates including movable properties and monies left in the bank or insurance claim amount.

Any act done by his brothers will amount to cheating, fraud and illegal grabbing, the crimes punishable under Indian Penal Code.

Your children should first issue notice to bank to freeze the account of the deceased and to not to entertain claim from anyone without legal heirship or succession certificate, then approach appropriate authorities to obtain the required certificates to avail the properties left behind by the deceased father.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

No, neither you(including your children)nor the brother of your husband, can access his Bank account. Doing the same would be a criminal act.

Inform the Bank of the demise of the Bank Holder and also furnish the relevant death certificate to the Bank.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

As per the law , after death of his father , children i.e legal heirs only can claim the amount from the bank .

Out of his legal heir nobody can claim the same , if anybody is doing this ,that is illegal.

Your ex brother in law is having ATM card of the account , by this way he is using the account just like third person.

So.without any further delay, you should give a written information to freeze the account and further inform the names of legal heirs of the deceased husband.

If, small amount is there in the account , then bank will release the same easily after taking legal heirs details including death certificate , affidavit etc . But this depend Bank to Bank rule .No common rules for all the banks for small fund.

Otherwise, if the amount is in large , then you have to take succession /Administrative Bond from the court of law.

For the amount withdrawn by the exes brother you can lodge a complain to the police to recover the same from him.

Good luck and dont forget to positive Rating

Mohammed Shahzad
Advocate, Delhi
9885 Answers
121 Consultations

5.0 on 5.0

Hi, the nominee over the bank account can legally claim the amount ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

It is INR 1500.00 only or 1500.00 Lakhs. Any how, legal heir can move a letter to the bank a/w copy of death certificate to stop payment to anyone and ask them to let you know the formalities to be fulfilled to get the money withdrawn.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

He cannot take money from that account you can block the atm card and give instructions to bank for the same

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

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