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Punishment to withdraw money from parents account after their death


25-Oct-2023 (In Criminal Law)
is it legal to withdraw money for son from a deceased parent's bank account using atm card and pin. If someone did make such a withdrawal after the death of the parent without informing the bank and other legal heir but , what criminal punishment would it draw? There is dispute of claim regarding the account between legal heirs.we are muslim.which succession law will apply.
Answers (3)

Answer #1
666 votes
Hi
It is illegal to withdraw money using the deceased bank account and ATM.
It amounts to cheating and fraud irrespective of religion.
The legal heirs should inform the bank of the death of the deceased soon after the demise of the person.
Bank is liable to release the monies only after a legal heir certificate is produced before the bank.
please inform the bank immediately of the death of the parent and have the accounts blocked temporarily.
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Answer #2
925 votes
Yes it is crime, better to consult with an advocate but as per your detailed mention this is theft and other few section would be added but if you want to know more you need to consult personally with an advocate.

Answer #3
237 votes
The deceased's nominee is entitled to the amount that was in his account. Any withdrawal of money will be treated as a crime, and the bank or nominee can file a police report against that person. According to the Indian Contracts Act, an account is a contractual relationship between a bank and its account holder.
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