Community › Forums › Legal Advice India › Deceased Bank account access and transfer
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UUser_5ced9a52
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April 27, 2026 at 2:48 amOne of our friends passed away two years ago. He had no siblings, his father had already passed away, and he wasn’t in regular contact with his mother. About a year before his death, he brought his mother to live with him as she was unwell and needed care, and he took full responsibility for her.After his passing, we arranged for his mother to stay in an old age home run by a charitable institution. She does not have Aadhaar or proper identification documents, and she is also mentally unstable, which makes things more complicated.
Following his death, several formalities—like his office insurance—could not be processed due to the lack of proper documentation and proof of relationship. Even his cremation had to be carried out with police assistance. His extended relatives were contacted at the time, but they clearly stated they did not want to be involved.
Recently, his office processed the full and final settlement (pending salary, etc.) and transferred the amount to his mother’s bank account, which we found details of from her belongings. However, she is unable to withdraw the money because her account requires re-KYC, which she cannot complete due to her condition and lack of documents.
We currently have access to our friend’s phone, so our question is: would it be legally permissible for us to withdraw money from his bank account and use it for his mother’s care? Otherwise, the funds in her account may remain unused and could eventually become inactive.
We want to do the right thing and ensure the money is used for her well-being, but we’re unsure about the legal implications. Any guidance would be appreciated
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