Can Family Members Withdraw Money From Bank Accounts Of Coma Patients? Allahabad HC Pushes for Centre, RBI Guidelines

The Allahabad High Court has asked the Centre and the Reserve Bank of India to disclose their proposals or existing guidelines for enabling dependants to access money in the bank accounts of people who are in a coma, observing that such dependants can be left without funds to meet hospital and household expenses.

"It is indeed a matter of concern that a person who passes in state of Coma, the dependents become absolutely remediless in a sense that they do not have necessary fund and source of finances and to not only take care of the patient by meeting the expenses of the hospital but even to manage the house holds," the bench of Justice Ajit Kumar and Justice Garima Prashad observed.

Court said that legislation or guidelines issued by the Reserve Bank of India (RBI) may be necessary to establish a mechanism for releasing money lying in the savings bank accounts of such patients in favour of their dependants.

Court directed the Centre and the RBI to file affidavits stating what proposals they have or whether they have framed guidelines to address such situations, which the court described as requiring "an emergent action".

Court also suggested that state government at its own level can consider enforcement of guidelines framed by the division bench of Kerala High Court in Shobha Gopalakrishnan v. State of Kerala; 2019 SCC OnLine Ker 739 which were referred to by the Allahabad High Court vide paragraph 28 in the case of Uma Mittal & Others v. Union of India & Others, 2020.

The order was passed in a petition filed by one Parveen Jahan. Her counsel informed the court that the account holder, who had been in a coma, had died on the day of the hearing.

The petitioner also submitted that the Centre had not taken steps to comply with the observations made by the Allahabad High Court in Uma Mittal & Others v. Union of India & Others (2020 SCC OnLine All 777).

Court noted that it had earlier reproduced the directions in Uma Mittal in an order dated August 11, 2026. It had also summoned the Uttar Pradesh Chief Secretary and directed him, through an order dated September 29, 2026, to file an affidavit detailing the steps taken to comply with its directions.

The Chief Secretary had sought additional time, stating that the issue would require a prolonged exercise to secure appropriate legislation from the competent legislature.

It asked the Chief Secretary to place concrete steps taken at the state level on record.

"The Chief Secretary this time would be coming up with something concrete and substantial done at his level to find solution to the problem in the light of observations made in the case of Uma Mittal (supra). We make it clear that if the Chief Secretary does not come up with such solution in black and white, he will have to appear in person before this Court on the next date fixed," court warned.

The bench further warned that responsible officers of the Centre and the RBI could be summoned if the authorities failed to file their affidavits.

Court clarified that the petitioner could meanwhile apply for succession to seek release of the money lying in the deceased's savings bank account in her favour. It did not direct the bank to release the amount immediately.

The matter has been listed for further hearing on November 6, 2026.

Case Title: Smt. Parveen Jahan v. State of U.P. and Another

Order Date: October 8, 2026

Bench: Justice Ajit Kumar and Justice Garima Prashad