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jitesh Godambe (Director)     22 February 2012

I want to recover money from post office

 

Hiii Experts.

I have a question related to Post Office.

My elder brother was having an RD account in Post office (Mumbai) from 7 to 8 years.

And in the year Oct 2008 he died in Accident.

After some time I have visited to post office and I asked post office staff about my brothers account details but they told me we can’t give u any details about his account because it is already closed account between Nov to Dec 2008 at that time he was not alive then how it is possible ki he came and withdrawal all the money closed his account.

After some time I have sent them an application Under RTI ACT 2005 but for that also postal replied me we can’t disclose about private account.

Kindly suggest me what exactly I should do?

I asked them so many times at least tell me the exact date when the account got closed and who was the person who came and closed the account but they are not ready?

Regards

Jitesh



Learning

 6 Replies

Sudhir Kumar, Advocate (Advocate)     22 February 2012

Action of Post Office is legally correct. They cannot disclose you the details of a bank accounts with whom you are neither connected as depositor nor nominee.  It appears from you query you do not hav ethe passbook.

 

Now you susperct that the account has been paid to someone in Dec 2008 after the death of depositor.  Eithrer the money has been paid to nominee or to some unauthroised person.

 

P{lese check waht do they mean by saying the accoutn closed. Ha sthe deposit been paid off or has the RD account gone non operative due to non-deposit.

 

If you suspect a fraud then Write to Chief Vigilance Officer, Deptt of Posts, Dak Bhavan, New Delhi-110001

Kumar Doab (FIN)     22 February 2012

Learned Mr. Sudhir Kumar has given valuable advice. Kindly follow it.

RD a/c is five year recurring and can be extended.

You have posted that "My elder brother was having an RD account in Post office (Mumbai) from 7 to 8 years."

"I asked post office staff about my brothers account details but they told me we can’t give u any details about his account because it is already closed account between Nov to Dec 2008".

If the instilments are not paid then these can be deposited with late fee upto 6 months and after 6 months a/c becomes inoperative.

Usually the PO agent who has helped to open the a/c or any other senior agent can help to find out the details. This shall be the quickest and easiest way out.

You can also lodge a complaint as per facts to Sub/Post master of the PO or Head Post master of the area or Post master general of the city.

Section 8 of the Hindu Succession Act 1956 takes care of succession of properties of a male Hindu dying intestate (i.e. without executing any will). The said section creates a classification between the different types of legal heirs. Class I legal heirs are the near and dear ones of a person like widow, son mother daughter etc, whereas Class II consists of remoter heirs like brothers and sisters. If there are any legal heirs in class I then the property is divided equally amongst them all and the heirs in class II are excluded.

The nomination indicates the hand which is authorized to receive the amount on the
payment of which the dept. gets a valid discharge of its liability.

If your brother was married and spouse was the nominee she might have obtained the proceeds.

If your brother was unmarried then your mother could have staked the claim being class 1 legal heir.

If neither spouse nor mother has collects the funds then you have another reason to complain suspecting fraud, as advice by Mr. Sudhir Kumar.

jitesh Godambe (Director)     24 February 2012

 

Dear Experts Thanks for ur valuable Response to my query.

 Mr. Kumar Doab sir I have asked to That Post office agent who was taking care of my brother’s account but he is also not ready to co operate us.

And 2nd thing is that neither my Mother is withdrawal money from Post Nor His spouse (I mean Brother’s wife).

First I wanted to collect all the fact information about this account then I wanted to lodge a complaint in police station.

I have strongly doubt on them. They I mean the post office staff and that agent through whom my brother was opened account in post they all are cheating with us.

So kindly advice me what is the process to get information about the same.

Thanks and Regards

Jitesh

Kumar Doab (FIN)     24 February 2012

If you are sure that your brother has not closed the RD a/c and his wife or mother has not withdrawn the proceeds then :

-you may take both the ladies to the concerned post office and meet the Sub/Post master who is in charge of the post office and put forward the facts that neither a/c holder not none of the legal heir has withdrawn the funds, therefore the details of the a/c may be checked and facts be made known to you.

It may come out that a/c is in operative. You may enquire the procedure and tender affidavit as per rules for payment to legal heir.

-if the Sub/Post master does not cooperate you may submit a written complaint under acknowledgment, stating on dated.........PO has pointed out that a/c has been closed and proceeds have been paid, on the month of .........year..........while the a/c holder died on dated...............

-you may visit the Head Post Master and Post Master General and submit another complaint under acknowledgment along with copy of the complaint submitted to Sub/Post master, and demand reply in writing by letter thru redg/speed post.

-If no relief is granted you may escalate to Chief Vigilance Officer, Deptt of Posts, Dak Bhavan, New Delhi-110001 as already advised by Mr. Sudhir Kumar.

You may lodge a police complaint if you wish, and approach local media.

Pheredar has helped many of the aggrieved citizens by taking their cause in media, you may approach them.

complaint@network18online.com

pehredar@moneycontrol.com

 

pehredar@network18online.com

 

https://www.facebook.com/Pehredar

Sudhir Kumar, Advocate (Advocate)     24 February 2012

Partially disagreeing with Mr Doab He cannot file police compliant until he has full facts which the Post Office is justified in denying under RTI Act, as discussed above.  If he makes a vigilance complaint  then he can get the outcome thereon under RTI Act.

 

. Police complaint may not be futile. Deptt complaint will be more effective

 

Kumar Doab (FIN)     24 February 2012

Fully agree with Mr. Sudhir Kumar, and post sincere thanks for enriching the forum with valuable advice.

You have posted "I have asked to That Post office agent who was taking care of my brother’s account but he is also not ready to co operate us."

Obtain phone numbers of this agent and if possible his agency number, and phone number of the Sub/Post master.

You have the option of approaching DSO ( Dist Savings Officer), of the area, along with both the ladies and a pre drafted letter which you may submit under acknowledgment. You may persist that DSO may obtain the details on phone then and there and thus assure you on the spot, that the funds saved by your brother for welfare of his legal heirs are not siphoned off. PO Agent as per the agency agreement signed by DSO is duty bound to provide services and if god forbidden, this agent has colluded to commit fraud, DSO is duty bound to lodge a case and send him to Jail. Intervention by DSO may set the ball rolling for you.


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