• Unauthorised large sum of money removed from deceased husbands bank account

A deceased husband's bank account was accessed one year after his demise by a relative who stole the internet banking password, and a large sum of money was removed in 8 digits. This came to light when banking statement was accessed by wife 2 years after husbands' demise for claims purposes, and 1 year after this theft.
question no 1. how to force the husbands bank to share information about the bank to which this transfer was done.
question no2. more important, how to seize the bank account through courts, etc to which this transfer was done, SINCE the moment the relative gets a hint, he is a green card holder, he will remove the remaining money also and run away to USA.?
Asked 2 months ago in Criminal Law
Religion: Hindu

8 answers received in 1 day.

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8 Answers

As the transaction is through internet offences of identity theft and cheating by personation under Sections 66C and 66D of Information Technology Act are committed. Punishment for both offences is imprisonment up to three years and fine up to 1L.  Along with above offence  of theft is also committed. File a detailed complaint in the cyber police giving details of account and bank and particulars of suspect his name, address, phone number and his bank account details with passport number if you know. Police will immediately issue instructions to freeze both the bank accounts, seize his passport and put him on “not allowed to fly out” list that is, direction will be issued  to all airports to not to allow him to board any airplane. If there any negligence, bank is also liable to you to make up the money withdrawn, there is such judgment.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

This is a fraud you can file a cheating complaint and send notice to bank too

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

file police complaint of cheating and criminal breach of trust against relative who with drew money from deceased bank account 

 

2) file an RTI application to bank to which account funds have been transferred 

 

3) file suit against relative seek court orders to freeze his account , seek orders to direct relative to return money with draw by him 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

- As per law, after the demise of husband intestate , his legal heirs i.e wife and children can claim the property & fund of the deceased and none having right to claim any amount. 

- Since, the said relative has withdrawal the amount from the bank then you can lodge a complaint against him before the police and higher official , and submit the same to the bank for freezing and knowing the details of the account transactions. 

- If bank not give positive response, then send a legal notice , and even no advantage then file a complaint before the Consumer forum on the ground of deficiency of services 

- Further, you can also file a compliant before the Magistrate in court if police not taken action on the compliant .

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

It appears from your contents that the wife or the legal heirs of the deceased account holder have not intimated the bank about the death of the account holder on time or even till this date.

This is very much essential to freeze the account of the deceased so that the balance amount remaining in his account can be disbursed properly to the legal heirs/claimants after thorough scrutinisation, by the bank.

At least now you can follow the procedures and instruct bank to make appropriate entries against this account to stop any transaction to happen in that account. 

After that you can collect the details of the fraudulent transactions that took place through the relative and lodge a criminal complaint against him before cyber or crime wing police.

If the bank do not respond nor the police is cooperating, you can escalate the matter through the court of the Judicial magistrate with an application under section 156(3) cr.p.c. seeking directions to concerned police to take proper legal action on your complaint

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Dear client I am sorry to hear that but in this case you can register and FIR against the fraud that happened.

Anik Miu
Advocate, Bangalore
5846 Answers
59 Consultations

4.9 on 5.0

File a complaint with the police for the offense of cheating, fraud, criminal breach of trust and under Section 66 (C) & (D) of the Information Technology Act

Once the investigation in underway, police can send notice to the bank for the production of documents and they will have to comply with the investigation. Once the bank accounts details of the account to which the funds were fraudulently transferred are obtained the police can freeze the said accounts.

Once FIR is registered, you can get his passport seized by the police too which will stop him from absconding. He can be arrested too during the investigation as he is a flight risk.

Contact a lawyer without delay.

 

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

Please lodge a criminal complaint first, based on proper evidence. Law will take its own course to book the criminals involved.

Swaminathan Neelakantan
Advocate, Coimbatore
2263 Answers
20 Consultations

4.9 on 5.0

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