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Can legal heir operate bank A/c.

Page no : 2

Parthasarathi Loganathan (Advocate)     29 January 2010

The case is very simple and need not be complicated.  The proprietory firm can be reconstituted with the designation of a new proprietor. Then there is no bar in opening a new account in the name of the newly constituted firm and all operations can be routed through this account for business continuity.  As far as the deceased acount in concerned, the proceeds can be settled through routine claims submitted to bank alongwith death certificate, Consent letters from other legal heirs and legal heirship certificate of the late proprietor.  However, in any case the legal heir has no authority to operate the account.

pawan choudhary (propreitor)     27 February 2010

We have not been declared as a legal representative by the court. However there is no dispute in the family

pawan choudhary (propreitor)     27 February 2010

1) How the salaries and other essential expenses be made and from which A/C i.e. can the legal representative make the payments from the A/Cs of  "The executor to the Estate of late  .....  " to fulfill the utterly nacessary obligation?

2) Can the funds in such newly opened A/c be invested in FDRs and/or in any MF and/or can the funds be given as loan to any family members for earning interest (with the consent of all the family members), so that the funds may not lie idle in the bank.

pawan choudhary (propreitor)     27 February 2010

1) How the salaries and other essential expenses be made and from which A/C i.e. can the legal representative make the payments from the A/Cs of  "The executor to the Estate of late  .....  " to fulfill the utterly nacessary obligation?

2) Can the funds in such newly opened A/c be invested in FDRs and/or in any MF and/or can the funds be given as loan to any family members for earning interest (with the consent of all the family members), so that the funds may not lie idle in the bank.

Anil Agrawal (Retired)     28 February 2010

Get the legal heir status first.


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