Signature forgery

THe first thing you should do is seeking entire details of payments with all certified copies of documents basing on which PF was settled, and you have to enclose your legal heir certificate with your photo identity.  This you can secure under RTI, with Rs.10/- Indian Postal order fvg. Accounts Officer, PF drawn on place of PF office.  PF may demand Rs.2/- per copy for copying charges. You may make RTI Application simple by providing your address and enclosing IPO.

Information solicited::

Please provide entire documents, claim forms, obtained from the nominee Shri..............for settlement of PF Account No...............................standing in the name of my deceased mother Smt..............., employee of .......................................on...............................

Then second step is for sending those documents to TRUTH LABS at Hyderabad or any other Lab that certifies the forgery by comparing with genuine signatures appearing on a Public record.

(For this you may have to obtain genuine public records on which your father has signed as per same procedure under RTI and it may be from a Bank, employer, ration card application, regd., documents your school admission etc.m,)

After getting such report first file Police complaint and also file complaint with PF asking them to investigate into the fraud and pay the amount to concerned legal heir as per the procedure.

In which Bank a/c the cheques were deposited?

You may consult a senior/seasoned/able counsel with all docs on record of all matters/cases.

In which Bank a/c the cheques were deposited?

You may consult a senior/seasoned/able counsel with all docs on record of all matters/cases.

Is this a real problem? How is it that PF account of a retired employee remained undisbursed  and was paid to her alleged legal heirs  after her death?

The deceased person (civil death declared) has a family and Bua (sister) is not family while ClassI legal heirs are present.

 

 

How class 1 legal heirs appear in the issue, whereas PF has to be settled as per nomination registered with PF ?  Have I missed something ?

If other than legal heirs (Class 1) have claimed money, the fraud is vast, as claim to legal heirs is a lengthy procedure of obtaining legal heir certificate and succession certificate with indemnifier and that very long drawn procedure.  A bua can not herself play all these fraud without active connivance with some others.  May be the member is not providing relevant, correct and complete details. (I know cases wherein nomination form was given to employer, misplaced at PF office, and they are insisting succession certificate to settle the claim of PF to deceased employee's wife, who was drawing pension and secured all other benefits except PF, from the last two years, PF has not budged or compromised for their negligence and the deceased's wife, a lonely widow is moving pillar to post)

First of all, I am really grateful to all the experienced people for giving me quick replies here. Below are some facts : 1 - nomination with pf mentions my father's name. So the question comes that nominee was missing near around 10 years & there is no clue about him so whom did paid the money without asking him succession certificate ? 2 - All signatures including suspected and original have been sent to signature expert. The reports say that signatures are forged. 3 - Money was withdrawn in three installments(1999,2000,2001). At that time i was 10 years old. But the real problem is i don't have any information about bank accounts in which cheques were deposited. If above facts are not satisfying Kindly let me know about the facts which needed or missing. It will be very helpful for me. Thanks again for all your replies.

If you have all the documents in your possession file a Consumer Complaint before District Consumer Forum, after issuing a Regd Legal notice to the PF organisation.

You can also seek entire  remaining records from PF to establish the fraud.

Remember that there is a limitation period for filing civil case (3 years from the date of knowing the fraud) and for Complaints within 2 years from date of cause of action.  Also check all document were obtained during these two years period, as those documents obtained before 3/2 years may go against you.

Also file RTI Application to PF immediately seeking entire documents available in settlement of claim, and the copy of rule and regulation for settlement of claim, on which PF has taken a decision, as advised already. It is not clear as to whether you have complained/reported of the fraud to PF and asked them to take remedial action.   I am afraid about the limitation period only.  You may also consider relationship factor with such close relations, and then file a criminal complaint as immediately as possible,  At the same time, take efforts to get such certificates like succession certificate to avoid further loss of time.

In your last post only you have mentioned that your father was a nominee.

He was missing and civil death was declared.

The Bua (Daughter) probably got proceeds as daughter was available.

YOu need to get all docs on record.

Puruse RTO route from EPFO and banks.

Engage an able counsel.

i suggest have a meeting with good local advocate along with your priorities means you should know your self that whether going for different provisions of law for your remedy, will it take appropriate time as you had spaculated as well as regarding expenses.

as per facts it seems that provisions of u/s 340 cr.p.c. may be invoked.