The Allahabad High Court has sought responses from the Central Government and the Reserve Bank of India (RBI) on the need for a legal or regulatory framework enabling dependants of patients in a comatose state to access money held in their bank accounts to meet medical expenses and household necessities.
A Division Bench of Justice Ajit Kumar and Justice Garima Prashad observed that families of patients who are unable to manage their financial affairs can be left without access to funds required for their treatment and basic living expenses. The Court said that appropriate legislation or RBI guidelines may be necessary to establish a mechanism for releasing such funds to dependants in suitable cases.
The Bench directed the Centre and the RBI to file separate affidavits setting out their respective positions on the issue, including whether any proposals or existing guidelines address the financial difficulties faced by families of persons in a comatose condition.
The Court was hearing a writ petition filed by Parveen Jahan in connection with the bank savings of her husband, Shamshad Ali, who had remained in a coma before his death. During the proceedings, counsel for the petitioner informed the Court that the account holder had died without the family obtaining access to the money lying in his bank account.
The petitioner contended that the problem had remained unresolved despite the High Court’s earlier judgment in Uma Mittal & Others v. Union of India & Others, reported in 2020 SCC OnLine All 777, which addressed the legal difficulties surrounding persons in a comatose state and the need for a suitable framework to protect their interests.
Expressing concern over the absence of an effective mechanism, the Bench noted that dependants may find themselves unable to meet hospital bills or manage ordinary household expenditure when the account holder is incapable of operating the account or authorising transactions.
The Court observed that the matter required consideration at the legislative and regulatory levels. It indicated that either the competent legislature should enact an appropriate law or the RBI should formulate guidelines governing banks to facilitate the release of funds to dependants in such circumstances.
The Bench accordingly directed the Union Government to place its stand on record and called upon the RBI to explain what steps could be taken to address the issue. The Court also sought details of any existing framework that could enable families to access the savings of persons who are incapacitated and unable to operate their accounts.
The Court further directed the Uttar Pradesh Chief Secretary to identify concrete measures that could be undertaken by the State government to address the problem. It called for a substantive response in writing and cautioned that the Chief Secretary may be required to appear personally if meaningful steps were not placed before the Court at the next hearing.
The Bench also warned that failure by the Centre and the RBI to submit their affidavits could result in the summoning of the concerned officials.
In the present case, the Court clarified that since the account holder had died, the petitioner could pursue the appropriate succession proceedings to seek release of the money lying in his savings account.
The matter, Smt. Parveen Jahan v. State of Uttar Pradesh and Another, concerns the broader question of how families can obtain timely access to the financial resources of individuals who are unable to manage their own affairs because of a prolonged comatose condition.
The High Court has listed the matter for further consideration on November 6, 2026.
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