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VK   27 February 2016

Cheating banks & registrar office and transfer deposits/flat

Hello Legal Experts, 

    I need your expert opinion, please. A hindu married man from Hyderabad who has children, got married with widow without giving the divorce to his wife. By the force of the widow, the married man has sold his house where his family was living and bought an apartment with that amount with joint registration along with the widow. Recently, the married man has died and the widow has changed the apartment’s registration on to her name, now she has become the single owner of that apartment. The widow has encashed the bank Fixed Deposits and other accounts in multiple banks. She was the nominee for some accounts and another person was nominee for other accounts. Actually, one person X has intentionally cheated the banks and registrar office with his influence by showing the Death Certificate and Ration Card, and claimed that she is married man’s legal wife. The person X knows all about the first wife and children. We will file the case against the widow on how can she transfer the apartment registration and fixed deposits on to her by marrying a married man who hasn’t divorced to his legal wife. How can we file a case against this person X also who has cheated the banks and registrar office by misleading them? Generally, how long this person X will be put behind the bars once it is proved. Thanks in advance for your valuable time and helpful suggestion.

 

 



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 5 Replies

GANDHI MOHAN BHARATI (Pensioner)     27 February 2016

You may have to file case in a court to get your money back. A Bank's responsibility is to pay to the nominee unless restrained from doing so by a court order. Claiming the amounts by others will have to be through courts only

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     27 February 2016

Sir, 

 

Its a case of cheating, forgery against the persons who are involved in it. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 February 2016

The case appears to be multi faceted and quite complicated. It cannot be advised upon in a forum like this.

 

My sincere advice to you is to contact a good Lawyer and get the matters sorted out.  It requires lot of patience and the results cannot be achieved very fast.

Dr J C Vashista (Advocate)     28 February 2016

@VK 

1. "We will file a case against the widow..." who are you, i .e., how you are related to the query ?

The wife and children of deceased will have to contact, consult and engage a local prudent lawyer for proper opinion, guidance and proceeding to secure and obtain their inherited movable and immovable property through the Court, it is their right. 

2, I disagree with the opinion and advise of Mr. Gandhi Mohan Bharti, Pensioner.

The bank is liable to pay balance (credit) amount  of the deceased accountholder to his/her legal representative(s)/claimants and not to nominee-who has no legal right or claim over the money parked with the bank.

3. Mr. Sivaramaprashad Kappagantu, Manager has rightly withdrawn from the query, I appreciate.

4. @ Admin Lawyers Forum,

a) I am failed to understand why and how the admin of this forum is enrolling and allowing such persons who have least /shallow/no knowledge about the legal preposition and law applicable on the subject matter.

b) This is cheating and fraud upon the queriest who want "some" help and advise from legal experts and not from general public.

c) Moreover, such persons are intruding in the domain of legal experts, who are providing social service to the litigants FREE OF COST through this platform/ forum. 

d) The issue has already been raised by number of experts, you will agree. If you may recollect some of the experts have withdrawn from giving opinion and advise to the queriest on this forum.

e) Please look into the matter and weed out such so called "experts . It would be in the interest of your site only.

GANDHI MOHAN BHARATI (Pensioner)     28 February 2016

I am enclosing RBI circular regarding "Settlement of claims in respect of Deceased Depositors - Simplification of Procedure". Kindly refer to paras 2.1 & 2.2 of the circular.


Attached File : 280071 20160228101308 200213589 reserve bank of india notifications.pdf downloaded: 80 times

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