• My father-in-law withdraw all the money from my husband account after my husbands death

Hello sir,
My husband deceased in 2013, we live in US. My father-in-law is taking care of properties in India including bank accounts, plots and all the documents are with him.
Recently I came to know that they withdraw all the money from husbands bank account and so account is closed now. When we visit India my husband gives blank cheques to his father, so it will be easy for them like that. Parents know we trust them, But i was very shocking for me now they closed the account.
Can someone withdraw money because they have blank checks after persons death? How can I proceed this kind of situation? Please any suggestion is greatly helpful.
Thank you
Asked 7 days ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

11 Answers

Afterthe account holder's death, the nominee can intimate the bank about the same, present the relevant documents (ID proof of the nominee and death certificate of the account holder), withdraw the funds and close the account. However, the nominee is just custodian for the legal heirs and cannot spend the money. Bank is liable to release the amount only after a legal heir certificate/ succession certificate is produced before the bank.

If they do so, it amounts to fraud and theft and a criminal complaint can be filed against them for the same. It is illegal to withdraw money using the deceased bank account. It amounts to cheating and fraud. The legal heirs should inform the bank of the death of the deceased soon after the demise of the person.

 

 

Siddharth Jain
Advocate, New Delhi
6001 Answers
101 Consultations

5.0 on 5.0

There is no limitation period to file a criminal complaint in India.

They cannot force you to sell the property. You can initiate legal action against them as advised above.

Siddharth Jain
Advocate, New Delhi
6001 Answers
101 Consultations

5.0 on 5.0

File an FIR. He can remove it on if he was nominee after submitting death certificate

Prashant Nayak
Advocate, Mumbai
27579 Answers
88 Consultations

4.4 on 5.0

Once blank cheques are issued it authorises your father in law to fill in the details 

 

after your husband death you should have informed bank of your husband demise and bank would have freezed  the account 

 

file police complaint against your father in law for criminal breach of trust under section 406 of IPC 

Ajay Sethi
Advocate, Mumbai
88369 Answers
6226 Consultations

5.0 on 5.0

 

You cannot be forced to sell properties standing in your husband name 

 

apply for mutation of property in your name and son name on your husband demise 

 

As far as with drawl of funds hen we’re money with drawn .?

 

you should file complaint at the earliest .enclose husband death certificate 

Ajay Sethi
Advocate, Mumbai
88369 Answers
6226 Consultations

5.0 on 5.0

After death of husband, his wife, parents and kids are as legal heirs are entitled to share his property. After death of son withdrawing money from his accounts without informing the  bank and without consent of other legal heirs like wife is an offence of theft under Section 379. Any legal heir can file a criminal complaint  against the  legal heir who withdrew money from account. Limitation for filing criminal runs from the  date of knowledge of offence. If the  knowledge of withdrawing money by fil accrued to you today, you can file a complaint within three years from date of knowledge. So far as immovable properties of husband are concerned, they cannot be sold without you consent. As you are out of country, they may sell the  properties by manipulation. You can recover such properties even subsequent to sell but that will complicate the  matter. You are advised to issue a public notice in newspapers where the  property is situated warning general public not to purchase properties as you and your son are legal heir to properties. This will prevent them from selling the  properties. Not only you have right, you also have duty to protect the  properties as it belongs to your son. Now they have cheated you and your son, you should directly confront then and file a criminal complaint  under Section 379. You can do everything from abroad by giving GPA to your relative or friend.

Ravi Shinde
Advocate, Hyderabad
2816 Answers
42 Consultations

5.0 on 5.0

1. If your father-in-law has withdrawn money from Bank by using your husband's blank cheques that too after your husband's death, then complain to Police, RBI.

2.  Send a legal notice to your father-in-law to return the money he had withdrawn from the Bank as he has cheated you by withdrawing your deceased husband's money, in which you had a share .

3.  If there's no response to the legal notice, file a Police complaint and a criminal case against your father-in-law.

4.  There's no time limit for you to keep your husband's properties intact with you by not selling it.

Shashidhar S. Sastry
Advocate, Bangalore
4205 Answers
258 Consultations

5.0 on 5.0

If the cheque was dated post your husband's death then it is a criminal offence for which your father in law can be tried and put behind bars. You collect the details and lodge a criminal complaint against him.

T Kalaiselvan
Advocate, Vellore
78529 Answers
1554 Consultations

5.0 on 5.0

You and your son have full rights over the property which is on your deceased husband's name.

They cannot sell it without you both authorising them.

Besides since your son is minor by age even you cannot sell his share in the property without court permission.

If they are trying to alienate the property in any manner, you may file a suit for permanent injunction against them to restrain them from doing so.

You can give power of attorney deed to any close relative back in India to conduct the case on your behalf in your absence 

T Kalaiselvan
Advocate, Vellore
78529 Answers
1554 Consultations

5.0 on 5.0

- As per law, after the demise of your husband , his property & assets devolved upon you and children , and the father-in-law having no right to claim. 

- Hence, you can claim the said fund and property from him legally. 

- You can file a petition before the Court in India. for restraining him from selling any property of your husband and to take the property papers and refund of the amount from your father-in-law. 

Mohammed Shahzad
Advocate, Delhi
10042 Answers
122 Consultations

5.0 on 5.0

Dear Client,

No it is not. Even if a cheque is presented after the death of the drawer it is perfectly in order to pay it (irrespective of whether the encashment is with or without the knowledge of the death), as long as the cheque was drawn when the drawer was alive.

Withdrawal would however require the consent of both the parties, when both of them are alive.

 

Thank You.

Anik Miu
Advocate, Bangalore
5001 Answers
53 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer