What legal action is possible for UPI withdrawal after death?

My brother passed away on 30 June 2026 at 2:00 a.m. On 1 July 2026, an amount of ₹2,20,078 was transferred from his bank account through UPI, leaving only ₹0.08 in the account. The transaction was allegedly carried out by his wife without informing the bank or any legal authority. She also transferred money from her own account to her brother's account, leaving only ₹7,000 in her account, apparently to show that she had no funds. I am the nominee of my brother's bank account. What legal action can be taken against his wife? What could be the minimum and maximum punishment? How can I initiate legal proceedings, and what would the approximate legal fees be?

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 13 Aug 2026

Dear Client, Using a deceased person's UPI or bank account without lawful authority can amount to a criminal offence, depending on the circumstances. The legal heirs should immediately inform the bank and request that the account or UPI facility be secured. They should preserve transaction records, screenshots and other evidence. A police complaint can be filed where money was dishonestly withdrawn or transferred. The bank should also be informed promptly so that the transaction can be investigated and appropriate recovery measures pursued. Thank you for contacting us. If you have any further queries, kindly do not hesitate to contact us again. Thank you!

Admin
Advocate By LEAD INDIA Answered: 12 Aug 2026

Since the transaction occurred after your brother's death, immediately inform the bank in writing and request preservation of the account statement, UPI transaction records, beneficiary details, and other relevant evidence. You may file a police complaint if the transaction was unauthorized or involved fraud. Being a nominee does not automatically make you the owner of the entire account balance. The applicable criminal liability and punishment will depend on the investigation and evidence. For further legal assistance contact us on our helpline number.

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