Reading: My wife was diagnosed with advanced stomach cancer and had surgery followed by chemotherapy. Sadly, feeling overwhelmed, she left home two months ago and we haven’t been able to find her. She has fixed deposits in banks, with our son as the nominee and joint account holder. The deposits have matured, but the bank refuses to release the funds without her signature. We filed a missing person report, but the bank is citing the seven-year waiting period. With her condition, can this period be reduced? What options do I have to access these funds?

My wife was diagnosed with advanced stomach cancer and had surgery followed by chemotherapy. Sadly, feeling overwhelmed, she left home two months ago and we haven’t been able to find her. She has fixed deposits in banks, with our son as the nominee and joint account holder. The deposits have matured, but the bank refuses to release the funds without her signature. We filed a missing person report, but the bank is citing the seven-year waiting period. With her condition, can this period be reduced? What options do I have to access these funds?

Last updated: August 25, 2025 12:58 pm

Apni Law

2 years ago

Law Forum › Category: Civil › My wife was diagnosed with advanced stomach cancer and had surgery followed by chemotherapy. Sadly, feeling overwhelmed, she left home two months ago and we haven’t been able to find her. She has fixed deposits in banks, with our son as the nominee and joint account holder. The deposits have matured, but the bank refuses to release the funds without her signature. We filed a missing person report, but the bank is citing the seven-year waiting period. With her condition, can this period be reduced? What options do I have to access these funds?

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Apni Law Staff asked 2 years ago

My wife was diagnosed with advanced stomach cancer and had surgery followed by chemotherapy. Sadly, feeling overwhelmed, she left home two months ago and we haven’t been able to find her. She has fixed deposits in banks, with our son as the nominee and joint account holder. The deposits have matured, but the bank refuses to release the funds without her signature. We filed a missing person report, but the bank is citing the seven-year waiting period. With her condition, can this period be reduced? What options do I have to access these funds?

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Best Answer

Apni Law Staff answered 2 years ago

Under Indian law, the seven-year waiting period for missing person’s property cannot be reduced based solely on medical condition. However, you can approach the court seeking a declaration of your wife’s presumed death, based on her critical illness and disappearance. This declaration could enable you to access the funds, especially with the supporting documents and evidence of her condition.