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diposited cheque after 45 days of death


02-Sep-2023 (In Family Law)
my father died on 20,02,2016 at my sister's home at Jaipur. She had withdrawn Rs. 2 Lac by cheque after 45 days of my father death instead of informing bank and submitting death certificate in the bank. I am legal heirs having will in my favour. Magistrate rejected my application on the ground that there is no violation if cheque is deposited. As rule of bank, once the A/c holder is deceased contract between back and A/c holder contract is invalid, money belongs to his legal heirs/will. what should I do?
Answers (2)

Answer #1
500 votes
Hi What application had you filed ? In case the cheque was dated prior to the date of death and the bank has been intimated post that, noting can be done. However you can proceed ahead with the needful wrt to the bank accounts and other deposits as the case may be
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRato Delhi | 700+ Answers
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Answer #2
632 votes
Sir, You should file a suit for injunction immediately against the bank and making your sister a party and in addition to that you should file a suit for recovery of the money your sister withdrew. In addition to that you should file probate case to get your Will probated.
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Advocate Meenakshi Garg

Adv. Meenakshi Garg

LawRatoDelhi | 100+ Answers
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