bank account operation of incapable depositors

Question

bank account operation of incapable depositors

17-Nov-2023 (In Civil Law)

my mother suffered a stroke last year and went in coma. she lives with my brother in india and the house is in her name. she also has another apartment in bombay. my brother is taking the interest of her fd in the name of her treatment and has secretly rented the house in bombay. i live in canada and he never informed me of anything ever.i live in canada. my question is can he do this? if so , how? how is the bank allowing him to use her money when she is not aware and incapable?thanks

Answers (3)

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Advocate Anubhav Kathuria LawRato · Accepted Answer · 2019-11-17T10:24:26+05:30

Answer #1

I would advise you to issue a strongly worded legal notice to your brother thereby restraining him to do such illegal acts. Do also issue a letter to the bank managers of the concerned branch to seeking clarification regarding this.

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Advocate Prashant Vaxish LawRato · Accepted Answer · 2019-11-21T08:58:55+05:30

Answer #2

Yes he will be allowed being the legal heir Your mother is not in conscious state of mind therefore he can get that in the interest of her with directpayments. However he can not rent the property in bombay.

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Adv. Prashant Vaxish Adv. Prashant Vaxish

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Advocate Ramit Sehrawat LawRato · Accepted Answer · 2019-11-24T09:08:21+05:30

Answer #3

Hi, There are likely chances that your brother might have taken permission from the District Magistrate to use the funds for the treatment of your mother. There is a provision in law under which your brother have got the right to take care of estate of your mother. Thanks Ramit Sehrawat Advocate

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Adv. Ramit Sehrawat Adv. Ramit Sehrawat

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