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Ketan (Finance Consultant)     18 August 2021

Forgery in pan and bank account

Hi,

I just came to know that my brother has made a fake PAN in my name and also has opened a bank account in my name. He may be using the bank account for putting his black money or something else. On finding out, I confronted him and asked for the details, but he refused it.

What can I do in this case ? How can I file a complaint ? and what will be the legal consequences in this case for him ?



 6 Replies

Kevin Moses Paul   19 August 2021

As per the situation illustrated by you, it's advisable that you first obtain proper evidence of the same and try to get a copy of the fake documents.
But, in case you fail do so you should approach a near by police station and report the said matter along with a photocopy of your pan card attached to it and mention the malicious intentions of your brother etc.
Moreover, you should also state the actual bank accounts that you hold and mention it very clearly that you'll not be responsible for any other bank account that's been operated using your name or pan card which is not you're own.

Once you've filed the complaint in a local police station get a copy of the complaint and approach the Income Tax Department Grievance Redressal stating the orginal document and clarifying you're brothers malicious intentions and action to the Income Tax Department as well.

Now, for reporting fraudulent bank account that has been opened in your name you can do one more thing to be on a safer side. If in you're aware of the account details (if not atleast the bank & branch name) you can acknowledge the bank manager with your brother's intentions (showing them a copy of Police Complaint) and urge to shut the account asap.

For your reference I've laid down the link for Grievance Redressal of Income Tax Department (you can make an online complaint using it) -
https://www.incometaxindia.gov.in/Pages/tax-helplines/regional-grievances.aspx


Hope the above information helps!


Regards
Kevin M. Paul

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     19 August 2021

You may approach the bank branch concerned and explain the position to the Branch Manager and demand to see the account opening form based on which such account was opened. Once it is proved that they opened an account based on a fake PAN card, You may provide a copy of your genuine PAN card reporting that they have failed to properly verify the identity of the account opened by them in that other than you had opened an account in your name without any signed documents from you. You may send copies of such letters to the Head Office of the Bank under Registered Post Acknowledgement Due. You may seek the bank to freeze the account as it was opened in your name and without any authorization from you. 

 

 Creating a fake PAN card is a criminal offence. Since it is made in your name, you may file a police complaint, after obtaining copies of the relevant documents from the bank concerned and provide the same to the Police.

 

In case Bank  in charge is not cooperative, you may report the matter to their Head Office with full details seeking their intervention.

G.L.N. Prasad (Retired employee.)     19 August 2021

The fact is that PAN CARD is fake, and opening a bank account is mere suspicion.

Immediately file this as a grievance in pgrmsin portal reporting that you are not having any PAN CARD with number .............................and your PAN CARD No..............is ............................  Request them to cancel such card issued if any.  You can ask them to provide such certified copies of documents obtained by issuing authority for issue of such PAN CARD in the name of..........

It may be your suspicion and it is not easy to open a bank account with a fake PAN CARD alone.

Still for your safety, you can make a complaint to the jurisdictional police station informing the facts known to you and informing about a fake pan cards.

Also, file RTI Application to local ITO seeking the information as follows:

Information solicited:

1.Please provide the copy of laid down orders/instructions/circular that states precautions to identify the authentic pan card issued by IT and 

2.The likely circulation of fake pan cards printed that came to their notice and precautions taken by dept to safeguard the real PAN CARD holder/citizen from such PANCARDS

(The guidance is  in detail and must be applied relevant to your specific issue and to avoid complications if any due to misuse of fake cards)

 

Dr J C Vashista (Lawyer)     20 August 2021

Bank shall not open an account on the basis of PAN Card alone, if your statement is taken to be true..

Subsequent event are your apprehension / presumption / permutation and combination, which will never see the light of day. 

Ketan (Finance Consultant)     20 August 2021

Thanks for the response. My brother has obtained a fake PAN and I have the PAN details now. I also know that the bank account has been opened. I know the bank name. I am not sure which documents he gave to bank except pan card, but he may have used one of my original documents as he has access to them as we used to share trust before this event. But I did found from bank account that he has given fake address proof with a forged rental agreement replacing his name with my name in a rented apartment where he used to stay with his friends in another state. 

He also made multiple cash deposits in this fake account and then transferred money through check in his account. He is a businessman and may have done this to convrt his balck money to white money.

I am confused on how to protect myself and also how or should I punish him. If I file a compaint, will he be in serious trouble ? 

G.L.N. Prasad (Retired employee.)     20 August 2021

Mr.Ketan Please understand the serious complications involved in the fraud.  This account can be misused for several frauds and hacked amounts also.

Immediately contact a local advocate and through him issue a notice to PAN authorities, Bank, and to your brother cautioning them about the fraud learned by you and marks this as a copy to the Police station.  Ask the bank to freeze the operations and provide certified copies of all including statement of account, credit challans, cheques honored, opening forms, and other documents for further action, ask PAN to cancel such card.

When a fraud has come to your knowledge protect yourself first and do not give scope for serious complications.   It is too late now as there were transactions and the account can be used to defraud you also as the instruments /securities can be encashed by him through these accounts.  Hurry up.

In this forum every week we receive such complaints from members that cyber police have freezer accounts, harassing, etc.  Hence this is sincere advice.

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