A customer maintaining a bank account in the name of company M/s ABC Construction (proprietorship concern)had died. The High Court collected deceased's funds lying in various accounts from different banks and paid/distributed the same to the legal heirs through issuance of government cheques. The funds lying in only one bank account could not be reported to High Court hence still remains with the bank and based on registered Power of Attorney given by all surviving legal heirs of deceased to one brother for managing company affairs / bank accounts, the Attorney holder approached the bank and asked to release all the funds lying in the deceased's account by issuing cheque in favour of M/s ABC Construction. Here bank refused to do so and advised the legal heir /power of attorney holder to bring Court's Succession Certificate based on which funds would be released by the bank. The question is that whether funds of deceased lying in proprietorship concern (M/s ABC Construction)bank account can not be released in company name based on the said Power of attorney or Succession Certificate is must to obtain funds of deceased from the bank?
2 Answers from Attorneys
I think the said power of attorney has to approach High Court again for getting the money as the previous accounts were encashed that way. Succession is for legal heirs of deceased's own property while companies accounts are not always inheritable. For more do consult me at [email protected]
you can move the same court for modification of the order \
and if there are no liabilities on this concern ( the abc company) then the amount will be split according to the share of each individual.
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