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Ravindra Bhattar (Principal Partner)     28 February 2017

Fraudulently signed bank document

Hello Friends My brother got me to sign an bank document related to release of Fixed deposit post demise of my mother. The document mentions that we two r only the legal heirs after her death instead of mentioning the name of my sister's as well. All the monetary benefits he received. Now one of my sister has filed a police complaint making me also accused in the complaint. Suggest what should I do.


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 11 Replies

G.L.N. Prasad (Retired employee.)     01 March 2017

You can not do any thing now except offering valid explanation.  Please file RTI Application and seek certified copies of all documents obtained by the bank in settling death claim in FD No...........................standing in the name of deceased..................................  You have to enclose legal heir certificate to show that you are legal heir of deceased.and the mode of payment to the claimant.

Once you study the forms, if your signature with NOC is not in Bank records, rest assured that you are not a party in the crime game.

Your sister may have only apprehensions, it is not that easy to get a claim settled by the Bank even in case of genuine legal heirs .   The claim should have been settled only on the basis of nomination registered with the bank by your late mother or must be a joint account.

Kumar Doab (FIN)     01 March 2017

It is believed that you are Hindu.

Confirm!

 

Kumar Doab (FIN)     01 March 2017

Your brother is recipient of funds/proceeds frm 'Deceased Depositor' a/c.

He has to share it equally with all legal hiers of deceased Hindu Woman i.e; Husband, sons,daughters...........

Obtain copy of all documents from bank.

Sudhir Kumar, Advocate (Advocate)     05 March 2017

So you  committed a fraud to assist your brother to cheat the bank and to cheat your sister.

 

You brother has civil liability to pay.  He has criminal liability as well

 

however criminal liability is on you as well.

 

You may beg or buy mercy of your sister. 

 

You may :-

 

either

make your brother to pay her share

or

 

pay the same from your pocket

or

you are going to jail.

Sudhir Kumar, Advocate (Advocate)     05 March 2017

Originally posted by : Kumar Doab
It is believed that you are Hindu.

Confirm!

 

It is not relevant whether you are hindu or not.  You can be safe only if the personal law applicable to your community forbid daughter from succession. 

Sudhir Kumar, Advocate (Advocate)     05 March 2017

Originally posted by : Kumar Doab
Your brother is recipient of funds/proceeds frm 'Deceased Depositor' a/c.

He has to share it equally with all legal hiers of deceased Hindu Woman i.e; Husband, sons,daughters...........

Obtain copy of all documents from bank.

Agreed.

 

For refund of money his brother is liable.

 

But as far as Jail is concerned both are going togather. So he is at the receiving end.  He has  to beg/buy mercy.

Sudhir Kumar, Advocate (Advocate)     05 March 2017

Originally posted by : G.L.N. Prasad
You can not do any thing now except offering valid explanation.  Please file RTI Application and seek certified copies of all documents obtained by the bank in settling death claim in FD No...........................standing in the name of deceased..................................  You have to enclose legal heir certificate to show that you are legal heir of deceased.and the mode of payment to the claimant.

Once you study the forms, if your signature with NOC is not in Bank records, rest assured that you are not a party in the crime game.

Your sister may have only apprehensions, it is not that easy to get a claim settled by the Bank even in case of genuine legal heirs .   The claim should have been settled only on the basis of nomination registered with the bank by your late mother or must be a joint account.

Given facts indicate that there is nothing he need to get in RTI.

 

He know thath knows that  he has already signed a statement which lead to payment to his brother.  He knows it is his signature

He nowhere stated that his brother was nomineeThey both have claimed to be the sole survivor. They had to do so as they had no legal heir crertificate.

He has already conveyed that he signed the papers leading to this payment in seclusion to his sister and his sister knows of the same.  So there is nothing which can be called apprehension on the part of his sister.

 

It may not be an easy civil remedy for her sister to get they cheated money.  but her criminal remedy is deeper and quicker and cheater.  she is apprent professionally well advised and has opted for it.

He is in thick soup and instead of runing futile for copies of the papyer should beg/buy mercy of sister.

Sudhir Kumar, Advocate (Advocate)     05 March 2017

Youstill have so many facts to disclose as in India society normally a sister does not act so harshly and so hasitily.  However brothers at at times tiempted to act as you stated.

Kumar Doab (FIN)     06 March 2017

“Originally posted by: Kumar Doab It is believed that you are Hindu. Confirm! “

The need was felt to ask, it.

Sister has a ( equal) share.

Kumar Doab (FIN)     06 March 2017

Now the complaint has been filed by sister that has been devrived of her share.

The brother that was paid the proceeds on the strength of disclaimer should pay the share to other legal heirs including you and sister and close the matter.

Convince this brother.

If the matter has complicated, rush to your own cousel at your own location, instead of asking this brother.

Share the whole estate of deceased parent equally amongst all legal heirs, prefer registered family agreement (on fair terms) and be at peace with yourself.

After registered family agreement (on fair terms) the litigation and disputes might be laid to rest forever, by amicable settlement.

 

 

Kumar Doab (FIN)     06 March 2017

Or the complaint can be decided on facts and merits.


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