Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shah (sr.hr)     13 November 2013

P & s c case need assistance - help me out sir..!!!

Dear Team,

My spouse has decease and left me as nominee for asset like bank account,LIC policy,Provident fund.
My spouse parent and family members file the P & SC case against me and I was not notified without my knowledge they got the sucession certiticate.
With that sucession ceritifcate they drawn the amount of 2 lahks from the spouse bank  account on my daughter name DD to natural gardian and even thought nominee of bank account is on my name.

I decided to keep this amount on my daughter name and left the same amount in bank account un-touch almost 3 yrs and today just begin to bank and i got to know account is close in July 2013 and settelment is done on my daughter name as DD to their Natural Gardian parents name.


Beside the this they file the criminal case against me and my parent 498 A 304b IPC and case is yet to close sooner in our favour and we produce the depending docs case was completely false case.

I and my family member are fighting the case we are innocent and my spouse letf the sucide note and which is file in court.

How do we get the stay order on this succession Certificate for P & s c case.

Please help me out sir and in that succession Certificate they  mention my existing house as well were I stay at home.

Thanks
Shah
 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     13 November 2013

In the P & SC case whether you have been impleaded as a party or not?, if not, you may file a petition before the concerned court for setting aside the order, implead you as a party to the case, reopen the case etc. If your petition on the above cause stands dismissed you may prefer a revision over the same before the High court for necessary relief.  You should not opt for an appeal over the lower court judgment in P & SC case in case you were not a party to the proceedings.  The bank's settlement of the amount in your deceased spouse's account to the successors as per the succession certificate issued by the court s valid despite the fact that you have been nominated to receive the money in her absence.  A mere nomination will not hold ground to claim your eligibility for drawing the money in the bank.  a nominee as per the banking regulations shall receive the residual amount on behalf of all the heirs of the deceased and not for himself. As far as the guardianship to your kid, you may refer the guardianship rules governing the issues related to the natural guardian (father) who stands as accused in a murder case.  Please note that the nomination rues of provident fund is different to that of LIC/Bank.

Shah (sr.hr)     15 November 2013

Dear Mr. Kalaiselvan,

I’m really helpful, sir that you have taken your valuable time to assist me. I have filed the P & S C case on 06/2013 and it was admitted by same judge; issued summons to my in laws people. They have attended the court and took the date for next hearing. I have visited the bank and account is close it is settlement on natural guardian on her grandmother name and account got close and settled on 07/2013; even though the nominee is on my name and nominee is unchanged. Case is accepted in court and processing not started from the lawyer and they just taking date on and on every month almost 6 month over. They getting release amount which I have nominee for my spouse before I could finish my criminal case judgment.

Question

1.

Can I file fraud case against these people who got the settlement or I need to file the case against Bank management because in April 2013 I have informed Bank management team to inform me whatever the decision they making for I have a email from the Bank customer care. Or raise the issue in consumer court for the Bank management.

2.

I have criminal case 498A, 304b which is final stage of judgment within one or two months we may close this case and it fruitful to our side.

Reopening P & S C case wills it is right decision to put the case for child custody in guardian act law. I’m already loaded with criminal and P & S C and now child’s age is 6-7 yrs now.

Real to my family property in Hosur:

I want to tell you one more thing I have mother property which of our grandfather property now which is value around 1.5 crores which is 2 acres of land were the share of the property has to reach to my grander father and mother had one elder brother no-more and my mother elder sister she is no more and she is elder wife of my father. One of the relative are already fighting for the case almost pass 15 yrs now and pls let me know you’re interested on this we could discuss on it.

I and my family do reside in Bangalore location.

  

Thanks,

Shah


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register