Assets - My parents were living with my only brother Assets - My parents were living with my only brother

9 months ago

My parents were living with my only brother since 2017. Both my parents passed away in 2022.
My father had a pension of Rs 45000 per month. He did at the age of 89. My bother was handling his passbook cheque book etc and was going to the bank to withdraw my father's pension since 2017. Yesterday I came to know that my father's bank balance is only 70, 000. Can I file a case against my brother for misappropriation and cheating ?

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
From the query, date of death of your father who expired at the age of 89, is not available. Your brother was authorised to handle the Bank account on behalf of your deceased father. So, in absence of Account holder and strong evidence that supports your allegation of misappropriation of fund of your deceased father by your brother may not be upheld even through litigation. So, you need to consult with an Advocate before taking any legal action against your brother otherwise you may be back fired by your brother for lodging a false case against him to malign his status in the society.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 9 months ago

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A.Dear client,
Yes, you may file a case. Please approach the police station and file a complaint under section 403 IPC and 420 IPC
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