Operation of deceased father account by my mother 74 years
jayesh sinha
(Querist) 01 December 2017
This query is : Resolved
my mother was having atm debit card on instruction of my mother i withdraw money after death of father on 1/09/20107 (period from 1/09/2017 to 10/09/2017)inadvertly knowing the law that it is crime we told the bank we will deposit back the amount withdrawn by mummy they say it is 420 case we accepted our mistake and ready to deposit the amount back to account what is remedy and solution to avoid action by bank
Guest
(Expert) 01 December 2017
" Ignorance of Law will not be an excuse ". Still your humble pleadings to the Bankers with proper Legal heir certificates and if your mother is the nominee and if the money had been with drawn for emergency medical expenses of hers it would be considered . Discuss with local advocate and better to plead with concerned Bankers.
Guest
(Expert) 01 December 2017
Your question is quite premature, as presently you don't have any such legal problem, as you suspect. Ask your question only when you are made to suffer with any such problem and according to the nature of the problem, which you are made to face by the bank or any other quarter.
Further, when you are ready to deposit the amount in to the account that you withdrew with mistake, what is the hitch in depositing the amount with the bank?
Guest
(Expert) 01 December 2017
Your question is quite premature, as presently you don't have any such legal problem, as you suspect. Ask your question only when you are made to suffer with any such problem and according to the nature of the problem that arises from the bank or any other quarter.
Further, when you are ready to deposit the amount in to the account that you withdrew with mistake, what is the hitch in depositing the amount with the bank?
Kumar Doab
(Expert) 01 December 2017
The tile of query and query are somewhat different.
The a/c seems to be deceased depositor a/c (of father) .
ATM card was with spouse (mother).
Was mother also a/c holder in same a/c with mandate say; E&S?
P. Venu 
(Expert) 02 December 2017
Though ignorance of law need not be an excuse for wrongdoing, however the facts, as posted, suggest that you or your mother had no wrong intention; moreover, apparently, there has been no wrongful gain or wrongful loss to anyone. In the ordinary course, there could be no crime unless there is a wrong intention.
Kumar Doab
(Expert) 02 December 2017
GO thru RBI guidelines on operation deceased depositor account.
In any case until or unless there is a dispute between legal heirs and some loss and bank is charged with bank is not at loss….
The ATM’s attached with branch are under CCTV surveillance and alert banker that knows the family and instance of death might have observed operation of ATM and withdrawal and might have objected….
The legal heirs may submit deceased depositor a/c claim and collect the proceeds and share amicably.
Kumar Doab
(Expert) 02 December 2017
Would you like to discuss the issues if any in Deceased depositor claim, being faced by you.
Dr J C Vashista
(Expert) 03 December 2017
Consult a local lawyer, if there is any dispute/problem, which I could not find.
Kumar Doab
(Expert) 03 December 2017
In another thread minor son withdrew the amount......
Who exactly is being charged with u/s420....that too by bank ?
Kumar Doab
(Expert) 03 December 2017
http://www.lawyersclubindia.com/experts/Operation-of-deceased-father-account-by-minor-664301.asp
Guest
(Expert) 03 December 2017
Are you sure that your 74 years old mother operated your deceased father's account through ATM transaction between 01.09.2017 to 10.09.2017 or your son is likely to operate the account after about two years, i.e. from 02.09.2019 to 09.09.2019, as stated in your other thread at the following link:
http://www.lawyersclubindia.com/experts/Operation-of-deceased-father-account-by-minor-664301.asp
