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sandeep kumar (study)     16 June 2018

Money transfer by son to his account from deceased father

After the demise of my father i transfered his residual money from his sbi account to my sbi account with prior consent to my only brother & mother. As my father did online transactions through me only, i did the same after his demise rather than going for a succession certificate from court which takes 6-8 months. An unknown woman, who happened to be mistress of my father, filed a complaint in police station that a FIR should be filled against me as i transfered money from my father after his demise. This woman has been contesting for property share as a second wife, however she doesn't have any marriage proof which was never happened either . She has only Aadhar & voter id with my father as her husband. My mother is getting my father pension. How could i defend my self? What are the legal percussions?


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 8 Replies

Kumar Doab (FIN)     16 June 2018

Which personal law applies in your case?

Are you all Hindu?

 

Confirm!

Kumar Doab (FIN)     16 June 2018

GO thru RBI guidelines on "Deceased Depositor ' a/c operation, flow of funds etc 

RBI;Master Circular on Customer Service in Banks

19;

20. Settlement of claims in respect of deceased depositors – Simplification of procedure

 

https://rbi.org.in/SCRIPTs/BS_ViewMasCirculardetails.aspx?id=9862#20

and Bank rules 

that should be available on bank website and bank should provide free copy..

also get claim forms and if a/c was without any  nomination, submit claim with disclaimer in your favor and this should offer some reprive..

RBI and Banks do help as you can note from guidelines mentioned above and Indemnity, disclaimer,surity might have helped you...

 

Kumar Doab (FIN)     16 June 2018

Rest aproach a very able senior LOCAL counsel of unshakable repute and integrity specializing in crimnal matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the FIR, case related docs etc etc

Some retired banker can also help you for bank matter..

sandeep kumar (study)     16 June 2018

Yes all Hindu

Kumar Doab (FIN)     16 June 2018

During the subsitence of 1st marriage of Hindu male 2nd marriage is illegal...

Rest act and discuss with LOCAL counsels as already suggested..

Kumar Doab (FIN)     16 June 2018

During the subsitence of 1st marriage of Hindu male 2nd marriage is illegal...

Rest act and discuss with LOCAL counsels as already suggested..

sandeep kumar (study)     16 June 2018

Sir if that lady with having claim of second marriage has no locus to file claim for share, should police have considered such complaints??

Kumar Doab (FIN)     16 June 2018

Your LOCAL counsel shall handle the issues..

As already suggested act and approach your counsel.


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