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How can son of accused get back bail amount after death of accused?
31-May-2023 (In Criminal Law)
My father was accused in defamation case (section 499500 of IPC. We had paid amount of Rs. 7000 in cash to court as bail bond amount. Now the case is abated as my father has died and the court has issued an order for abatement of case. When I (son of accused) made an application to the court for refund of that bail bond amount to me as legal heir, the court asked for succession certificate. I had given other documents like Aadhar card of both me and father, my passport, ration card which proves that I am son. But the court is insisting on succession certificate.
1. Is the court correct in asking for succession certificate for such a relatively small amount (I had given other general proofs)?
2. When bail bond is paid initially, why does the court not take name of the nominee (like done by bank for FD etc.)? Then on death of accused, the court can refund the money to nominee!
It is not practical for me get succession certificate as I live in another city and the amount is small.
I can help you out to get refund of Bail Bond amount. However, for that, we need to either connect on call or meet personally. You don't need to worry at all. I will make sure that you get the refund amount anyhow. Will solve all your queries which you have written here.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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Is it illegal to transfer money from deceased account?
A deceased person cannot withdraw funds from their account. You will need to present the Bank with a death certificate and a legal heirs certificate. You will receive the amount in your account, or a DD will issued to you.
What happens if you withdraw money from a deceased account?
A person who withdraws money without authorization from the account of a deceased can be charged with fraud, particularly if they were trying to avoid paying inheritance taxes or debts that the deceased owed.
What happens if you take money from a deceased person's account?
The legal process must be followed to withdraw money from a deceased person's account, continue making payments or to use their bank account. The administrator must obtain letters of adminsitration to withdraw funds from the deceased account. 06-Jan-2023
What is the punishment for withdrawing money from parents account after death?
The family has a duty to inform the bank about the death of the account owner. If the rules are followed, the bank will pay the full amount to the heirs of the deceased person. Otherwise, the person who withdrawn the money would be responsible for defrauding or stealing the money of the deceased.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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