My grandfather had a bank account to which my father was nominee. My father are 4 brothers. After the death of my grandfather, my father withdraws Rs, 1,20,000/- through ATM without informing the bank. Total amount in the account was Rs,5,55,000 out of which Rs 1,20,000 was withdrawn through ATM.
Out of 3 brothers of my father, 2 brothers know before about the ATM withdrawal and have no objection. But One brother (my Chacha) has objection and filed a case against my father under IPC 406. My father spends all money, Rs 1,20,000/- on my grandfather's last rituals. My father has complete bills of Rs 1,20,000. Remaining Balance of Rs 4,35,000 was legally transferred to my father's account by Bank's manager.
My father was not aware of the rules and thought that as he is a nominee, he can withdraw money through ATM. Also, my father didn't spend money on his own.
My chacha, who filled a case against my father has never demand his share (on my grandfather bank money) to my father and just filed a case against my father. The reason is – A property dispute case is already running from last few years between 3 brothers at one side Vs my chacha on another side.
In such case - will IPC 406 is applicable on my father?
