Illegal transfer of funds from father account
2 years ago
My Father passed away on 16th Mar 2021, He has three son and he has 6 fixed deposits in the bank on which he made his sons nominee on 2 Fixed deposit to each son. Now, before the demise of the father, as he was ill and he could not go to bank, as he was ailing from medical problem since Mar 2019. His signature could not be matched and he too cannot sign due to old age, for all the banking transaction, the bank manager used to come at home.
Now before the lock down that is between 3rd March till 20 Mar 2020, the eldest son took the father to the bank in the car not inside the bank as the father could not walk as he need someone to assist hm at all times. The Eldest son got all the fixed deposit which were in premature state got en-cashed in to the father accounts and then during this period he transferred the entire funds from the father accounts into his account and his wife account equally.
We came to know about this only after the demise of the father when we went to the bank to submit the death certificate claiming the Fixed deposit being the legal heir / nominee.
Is there any possibility that we can claim these funds which were transferred in to the eldest son account with malafide intentions of not letting the other two sons have the equal share. Please guide the possible course of action to pursue this.
You may immediately lodge a complaint against the elder son of deceased father and also file a civil suit claiming a share those fixed deposits and other amounts withdrawn by him without the knowledge of your father who was not in a position to know for what purpose he has signed the documents.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
Please take note that if such account transfer had been made during the lifetime of your father and through his signature,then it will be assumed that the father out of his own volition transferred the sum to their Account until and unless undue influence and coercion be proved.
Please further take note that if the eldest son as Nominee of the Savings Account of his father,after his father's death transferred those sum to their individual accounts,then the other sons can challenge the same and file Court case against the Bank challenging the disbursement of the sum to the Nominee without asking for Succession Certificate because as per the verdict of the Hon'ble Supreme Court of India,Nominee is mere Custodian of assets and Succession Certificate will govern over the nomination clause.
You should start legal proceedings against your brother and his wife so that they start feeling the heat and may come to the negotiating table.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can approach the court if the transfer is done fraudulently. If elder son transferred the amount with the consent of your father, you can't claim right on it just because you are the nominee. The right of nominee exists only after the death of the account holder. You have to prove that the transfer was done fraudulently.
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If it is with your father's consent, you can't do anything. Being a nominee, you are entitled to the amount which is there in your father's account after his death. If there is no such amount, you can't claim anything. If it is a fraud, you can approach court for settle this issue.
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