The operation procedure for old/sick/incapacitated bank customers is laid down in para 5.6.2 of RBI Master circular. According to the circular, the cases of sick/old/incapacitated account holders fall into the following categories:
- an account holder who is too ill to sign a cheque/can not be physically present in the bank to withdraw money from his bank account but can put his/her thumb impression on the cheque/withdrawal form, and
- An account holder not only unable to be physically present in the bank but is also not even able to put his/her thumb impression on the cheque/withdrawal form due to certain physical defect/incapacity.
In such cases the operation procedure in the account is as under:
The thumb or toe impression of the sick/old/incapacitated account holder should be identified by two independent witnesses known to the bank, one of whom should be a responsible bank official. If the account holder cannot even put his/her thumb impression or the toe impression, a mark of physical contact of that customer who has to sign on the cheque/withdrawal form may be obtained. Such thumb or toe or physical contact mark put on the document should be identified by two independent witnesses, one of whom should be a responsible bank official. In case the account holder will not be able to be physically present in the bank for regular operations, the account holder may be asked to provide a mandate authorising the bank to permit a certain named person to operate the account on his/her behalf. A mandate is a simple letter of authority which indicates to the bank as to who would withdraw the amount from the bank on the basis of cheque/withdrawal form as obtained above and that person should be identified by two independent witnesses. The person who would be actually drawing the money from the bank should be asked to furnish his signature to the bank.
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The thumb impression of the incapacitated account holder should be identified by two independent witnesses known to the bank, one of whom should be a responsible bank official.
What happens where after adopting the thump print or physical contact for fund withdrawal, the customer later dies and the children of the deceased customer are suing for unauthorized withdrawal from their deceased father’s account. Is there any legal backing for the advice above? Also, how does that apply across countries?
The above-mentioned rules of thumb impressions for withdrawal of cash by illiterate or incapacitated customers are framed by Reserve Bank of India(Banking Regulator in India) which applies to all the banks in India. This rule is only country-specific not for banks of other countries.
My relative is Sick/having paralysis and cannot walk, sign. He had an saving bank a/c, FDR, locker at his residence in distance place, he has now been shifted to his old residence for medical purpose. He is requesting me to transfer /shift his all a/c to his native place for better controls. As he cannot sign but can put his thumb , what is the procedure involved.
Thanks.
He may submit a medical certificate to the bank issued by the doctor who has treated him in the hospital, which should also mention about his present health condition. Along with the medical certificate, the account holder may request the bank for transferring the account another branch.