Who Can Access a Comatose Patient's Bank Account? Allahabad High Court Seeks Centre and RBI Response
Allahabad, October 2026: The Allahabad High Court has sought responses from the Central Government and the Reserve Bank of India (RBI) regarding the legal and regulatory framework for accessing bank funds belonging to individuals in a comatose state. The Court has highlighted the financial hardship faced by families who may be unable to pay for medical treatment and essential household expenses when an account holder cannot manage their financial affairs.
Background of the Case
The matter arose from a writ petition filed by Parveen Jahan against the State of Uttar Pradesh and another respondent. She had approached the Court seeking access to her husband's bank account after he fell into a coma and the family experienced financial difficulties in meeting his treatment expenses.
During the proceedings, the Court was informed on October 8, 2026, that the account holder, Shamshad Ali, had died while the petition remained pending. The proceedings nevertheless raised a broader question about the legal arrangements available to families when a person is alive but unable to manage their own bank accounts because of a comatose condition.
Allahabad High Court Seeks Responses from Centre and RBI
A division bench comprising Justice Ajit Kumar and Justice Garima Prashad observed that dependants may be left without access to necessary financial resources for hospital bills and routine household expenses when an account holder becomes comatose.
In its order dated October 8, 2026, the Court called for the Central Government and the RBI to disclose whether proposals or guidelines exist to address such situations. It directed both authorities to file affidavits setting out their position and any proposed mechanism for releasing money held in the savings accounts of comatose patients to their dependants.
The Court also directed the petitioner to implead the Union of India, through the Secretary of the Ministry of Finance, and the RBI, through its Executive Director responsible for Banking Regulation, as respondents in the proceedings.
Earlier Judicial Guidelines
The Court referred to its earlier decision in Uma Mittal and Others v. Union of India and Others, 2020 SCC OnLine All 777, which addressed the absence of a specific statutory framework for appointing guardians for individuals in a comatose or vegetative state.
In that decision, the Allahabad High Court drew upon guidelines framed by the Kerala High Court in Shobha Gopalakrishnan v. State of Kerala, 2019 SCC OnLine Ker 739. The guidelines provide a judicial framework for considering guardianship, including medical assessment, verification of the proposed guardian's relationship with the patient and examination of potential conflicts of interest.
The bench asked the Uttar Pradesh Government to consider implementing the Kerala High Court's guidelines at the state level. It also directed the Chief Secretary of Uttar Pradesh to identify concrete measures to address the problem and warned that personal appearance could be required if an adequate written response was not provided.
Does the Order Allow Relatives to Withdraw Money Automatically?
No. The October 8 order does not create an unrestricted right for every family member to withdraw money from a comatose person's bank account. Instead, it calls for clarification and appropriate legal or regulatory arrangements to address exceptional circumstances.
Guardianship and access to another person's bank account involve safeguards intended to protect the account holder's property and financial interests. The appropriate procedure may depend on the facts of the case, the applicable legal framework and any relevant court directions.
The Court separately clarified that, because the account holder in the petition had died, the petitioner could pursue the succession process to seek release of the money in the deceased person's savings account.
Legal Significance
The proceedings raise important questions concerning access to justice, protection of vulnerable individuals, guardianship and banking regulation. They also highlight the practical consequences of gaps between judicial guidelines and their implementation by government authorities.
The Court has asked the Central Government and the RBI to place their positions on record and has emphasised the need for a workable response. The matter was listed for further consideration on November 6, 2026.
Conclusion
The Allahabad High Court's proceedings bring attention to the difficulties families may face when a person becomes incapable of managing their finances. Although the order does not establish automatic access to a comatose person's bank account, it presses the authorities to clarify the available safeguards and consider an effective mechanism for urgent financial needs.
Case: Smt. Parveen Jahan v. State of U.P. and Another, Writ-C No. 27492 of 2026.
Order date: October 8, 2026.
Next hearing listed: November 6, 2026.
Source: Bar & Bench, Moneycontrol and the Allahabad High Court order dated October 8, 2026.