Request for Immediate Advice
Querist :
Anonymous
(Querist) 21 October 2010
This query is : Resolved
PLESAE GO THROUGH THIS
Sir,
Recently a cheque has been in my favour against the sale of a property of my father in which I was the co-owner But when the above property in question was purchased by my father I was unemployed and did not invest any amount for purchasing the above property.
The A/c payee cheque so issued bears the joint Account number with my mother. It has been learnt from my bank that the cheque amount which was issued has recently being transferred by my father into the joint account of his and my mother by making use of 2-3blank cheque which was issued by me and handed over to my father in good faith for making payments of premium receipt. Please note that even before transferring the said my father did not think fit to intimate me about the same. At presently I am not maintaining a good relation with my father.
Kindly advice if I have any legal right to claim the cheque amount issued in my favor from my father since firstly I was unemployed and did not invest any amount when my father purchased the above property and secondly I was only a co-owner on papers only . Can I initiate any legal action against my father to claim the amount issued in my favour. Will I face any Income Tax related problem even if I get the amount form my father Plz treat this matter as urgent and kindly advice . Your co-operation & help in this matter will be appreciated
Raj Kumar Makkad
(Expert) 21 October 2010
The said cheques have been issued by you in favour of your father, who used one of them to transfer the amount lying in your joint account with your mother. You cannot initiate any action against your father on this ground as you are admitting giving him said cheques. You are not leveling any allegation that the cheques were stolen or forged or were misused either way. Once you admit giving him cheque, no further question of legal action arises on your behalf even if you were employment at the time of purchase etc. There is no any relationship of transfer of amount with your employment or source of deposit of that amount in your account. Only question is transfer of amount from your account through duly issued cheque and as already discussed, it is not an offence.
