BISHWAMBHER SHARMA 30 May 2022

banking fraud case

My brother withdrawn huge money through NEFT,fund transfer,ATM withdrawals from my parents bank account after their death.i m the nominee in both accounts. even my mother's pension was being withdrawn by him from ATM for more than a year after her death....when i came to know this i submitted my parents death ceritificates n my kyc and written request given to bank to freeze the accounts ....and bank had to provide me all the docs (photo cppy of statmnt,chqs,neft form) as per RTI act 2005)by which such transactions had been made.... is th is punishable? Pls mention sections as well.

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6 Replies

G.L.N. Prasad (Retired employee.) 31 May 2022

Without an iota of doubt, you are entitled to the information under RTI as you are the nominee.

You are negligent in handling the issue on several counts, first disclosure of the PIN of the ATM and not intimating the death of the depositor immediately enabling to stop transactions till the claim is filed.

Withdrawing from the deceased account is definitely a crime. First, you have to submit claim papers before settlement to seek such information (need not be only RTI as a consumer/depositor also) and also call for CCTV footage also. Then make a complaint that amounts were withdrawn after the death of the depositor and ask them to file the police complaint. Let them proceed, as an individual, it is not easy to make a follow-up with Police.

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P. Venu (Advocate) 31 May 2022

Has he forged the parents' signature after their demise? If so he is criminally liable and the Bank is bound to initiate action, once the wrong doing is brought to their notice.

The funds of the late parents belongs to all the legal heirs. The nominee can recive the funds, but he is only a trustee on beehalf of all the legal heirs.

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BISHWAMBHER SHARMA 31 May 2022

Yes sir...in two different chqs .my fathers' sign mismatched from original sign .. should i write a complaint letter to bank to take legal action..or i should do so? pls advise

Dr J C Vashista (Advocate) 01 June 2022

Obtain all relevant documents from bank and lodge a police complaint through a local prudent lawyer.

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Advocate Bhartesh goyal (advocate) 02 June 2022

Withdraw money from deceased bank account ( ATM ) is a offence.Lodge FIR in police station or file complaint u/sec 156(3) Cr.P.C before Magistrate court.

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BISHWAMBHER SHARMA 09 May 2023

Sir how long it will take for final judgment...