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vipra (enginer)     23 October 2010

Cheque leaves are misused - Please help

Dear Sirs,

We are in Chennai, Tamil nadu. I am writing this on behalf of my father. My grand father passed away approx (3 years back). My uncle (father's brother) was with my grand father till his death. My father was staying separatly with family in chennai 

After my grand father's death, My uncle and my father withdraw all the money from my grand fathers account by showing the death certificate of my grand father  and shared the money equally.

Recently we suspected my uncle, and we took the pass statement of my grand fathers account (last 5 years). To our surprise, we found lot of money (approx 25Lakhs) was transffered from my grand fathers account to my uncles account (from 2005 to 2007) till the death of my grand father. For every two months my uncle has transferred 2 to 2.5 Lakhs of money to his account from my grand father account.

When we questioned him, my uncle says, those was only for business purpose and he has returned those money to my grand father. My uncle says he has all the accounts very clear.

Please note my grand father was not mentally fit from 2002 to till death. Hence we suspect my uncle would have taken my grand fathers cheque book and would have signed like my grand father and would have transferred the money to his account (from my grand father account).

Another surprise was when my grand father was in ICU (just 2 days before his death). My uncle transferred  4 Lakhs from my grand father account to his account.

Please advice, is there is any way to hold my uncle in front of Indian law   



 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 October 2010

File a suit for partition.

Ravi Srinivasan (Judge)     23 October 2010

LODGE A POLICE COMPLAINT AGAINST YOUR UNCLE for forging the signatures, cheating,etc., with clear particulars. Trace out an admitted signature of your grand father (if possible in any registered documents for the relevant period) to be compared with the disputed signatures. File a suit for recovery of money in respect of your father's share.

vipra (enginer)     24 October 2010

I have approached the Respective bank manager for obtaining the photocopy of the cheque (which was used by my uncle for transffering the money from my grand father account to my uncle account), so that to have an idea whether those cheques where signed by my grandfather or falsed signed by my uncle. But bank manager informed, its very difficult to get the photocopy of the cheque, as its three years old. Please advice the legal way to proceed

V. VASUDEVAN (LEGAL COUNSEL)     24 October 2010

Issue a notice to the Bank Manager, setting out the brief details and ask for inspection of the complete transactions, including paid cheques. If the Bank fails, escalate the matter to RBI with specific details. While writing provide to the Bank relevant proof of the deceased mental illness, hospital documents etc. to support the case.


1. File a criminal complaint for cheating

2. if FIR not registered  move to high court for registerring case and get another direction for freezing the account

3. File a suit for recovery of money  based on the FIR

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