Son withdrew money after fathers death, did not inform legal heir

941 votes

Dear,

It is illegal for a son to withdraw money from his deceased father's bank account without informing the bank about the demise of his father and making a formal request to freeze his demised father's bank account and it is also illegal for the son not to inform other legal heirs of the demised father his activities of withdrawing the funds. If any or all of the other legal heir(s) of the deceased father lodge(s) a complaint with the police against the other son who withdrew the funds, then the police may book him under Section 379 IPC for imprisonment up to 3 years or with fine or both. Therefore, it is advised that the son who withdrew the money from his demised father's bank account to redeposit the money back to his demised father's bank account and approach the bank along with other legal heirs and request the bank officials to disburse the funds lying in the demised father's bank account to all the legal heirs after furnishing the death and succession certificate.

Advocate B. Srikiran LawRato

582 votes

even as per your question the son who is a legitimate legal heir along with other heirs but withdrawing the money without informing other legal heirs is offence and other legal heirs who are the nearest and dearest as prescribed under the sections of the succession act can claim their share by filing petitions with the court

Advocate Innamuri Balasubramanyam LawRato

266 votes

Certainly. When it comes to withdrawing money from a deceased person's account, there are legal implications and rules that must be followed. Here's an overview:

1. Punishment for Unauthorized Withdrawal:
   • Withdrawing money from a deceased person's account without proper authorization is illegal and can result in criminal charges.
2. Nominee vs. Legal Heir:
   • It's important to understand the distinction between a nominee and a legal heir. While a nominee has the authority to access the account after the account holder's death, they do not become the full owner of the funds. They are legally obligated to distribute the assets to the rightful legal heirs.
3. Supreme Court Ruling:
   • The Supreme Court of India has clarified that a nominee is not the absolute owner of the funds in a deceased person's account. They hold the funds in trust for the legal heirs.
4. Legal Consequences:
   • Unauthorized withdrawal from a deceased person's account can lead to both civil and criminal liabilities. It's essential to follow the legal process, including obtaining the necessary documentation and permissions.
5. Consult Legal Advice:
   • Dealing with the financial matters of a deceased person's account can be complex. It's advisable to consult with a legal expert who can guide you through the proper procedures and ensure compliance with the law.

In summary, withdrawing money from a deceased account without proper authorization is illegal and can lead to legal consequences. It's crucial to understand the legal framework, the role of nominees, and the rights of legal heirs when dealing with such situations. Consulting with legal experts is recommended to navigate these matters appropriately.

Advocate Chikirsha Mohanty LawRato

425 votes

6) Theft under section 379 IPC is punishable by imprisonment of up to 3 years, fines or both. The amount that was accidentally withdrawn can be redeposited into the Bank Account of the deceased.

Advocate Chikirsha Mohanty LawRato