Nsc-post office
pdg
(Querist) 28 March 2013
This query is : Resolved
My father had NSC in his name and in the name of the maid (Either or survivour). He had signed the NSC and also got it signed by the maid. He had handed it over to me with a letter stating that on maturity the Amount should be issued to him in an A/c Payee Cheque in his name. The cheque should be collected by me. With it he had signed a xerox copy his PAN card and Voters ID card. Since I was out of city he had kept it under lock and key. After he expired, the maid left the house. I came across the documents and produced it to the post office. The Post office seized the documents on Fraud. Stating that the Joint holder (maid) had filed a Police complaint that the NSC had been with held by the family members of my father. A copy of the letter had been given to the Post office.
I handed the NSC to the Post office and told them to give it to the maid (Verbal).
Can I be penalized under Fraud by the Post office, Police or the Maid ?
Is a signature of a expired person on a document, post-expiry, a condition for fraud?
No money was received by me, nor do I have the NSC
Raj Kumar Makkad
(Expert) 28 March 2013
You cannot be held liable for any fraud as falsely complained by the maid. You have performed your duty as per the letter left for you by your father. The allegations are ill motivated.
Sudhir Kumar, Advocate
(Expert) 29 March 2013
You are yourself telling that :-
(i) NSC was in joint name of your father and the maid.
(ii) It was either or survivor
(iii) you were not name a co-owner.
(iv) You knew that you have no title on the NSC.
(v) You , (as apparent from your description and conduct) made no effort to trace the maid and hand over document to her
(vi) You took it to Post Officer for encashment.
WHAT ELSE TO YOU THINK IS NEEDED TO PROVE FRAUD. REMAINING FACTS YOU WILL REVEAL TO THE POLICE BEFORE MIDNIGHT OF YOUR FIRST DAY OF REMAND IN Thana.
You have not revealed that :-
(I) WHAT TYPE OF RELATIONS YOUR FATHER HAD WITH HER.
(II) FOR HOW LONG YOU WERE OUT OF TOWN AND HOW FAR AWAY
(III) DID YOU NOT COME FOR FATHER’S LAST RITES.
(IV) HOW AND WHEN THE MAID LEFT AFTER FATHER’S DEATH (NOT BEFORE HE DIED). Whether she voluntarily left or thrown out.
(V) FOR HOW LONG THE MAID SERVED
(VI) HAD HER DUES BEEN CLEARED AT THE TIME OF HER DEPARTURE.
(VII) HAD THE COMPLAINT NOT BEEN MADE BY MAID WHO WOULD HAVE GOT THE MONEY
(VIII) HOW MUCH AMOUNT WAS INVOLVED.
(IX) How old was the complaint.
(X) Is the police contacting you after the event.
In your own interest and for the sake of reputation of your late father, let the matter not escalate. Please ensure that she takes mercy on you and does not press her complaint.
V R SHROFF
(Expert) 29 March 2013
Think over, What Sudhir pointed out. .
IT SEEMS, YOU ARE OUT.
Guest
(Expert) 29 March 2013
NSC can be claimed only by the surviving joint holder of NSC on death of one of the joint holder.
You have no locus standi for any claim directly from the P.O. Only the maid, as joint holder, could claim payment. You were required to handover the NSC to the maid for preferring her claim. Had any claim was justified for you as the legal heir of your father, you could only claim some amount from the maid.
Irrespective of whether you received or not any money, since you produced the NSC for claim to the P.O. after the death of your father, instead of handing that over to the genuine claimant, you can be held responsible for fraudulent claim on the face of the police report by the surviving joint holder. Further doubt of fraud would arise about the genuineness of signature of your father as he was dead on the date of claim.
