Document signed by an expired person

pdg (Querist) 28 March 2013 This query is : Resolved
My father had NSC in his name and in the name of the maid (Either or survivour). He had signed the NSC and also got it signed by the maid. He had handed it over to me with a letter stating that on maturity the Amount should be issued to him in an A/c Payee Cheque in his name. The cheque should be collected by me. With it he had signed a xerox copy his PAN card and Voters ID card. Since I was out of city he had kept it under lock and key. After he expired, the maid left the house. I came across the documents and produced it to the post office. The Post office seized the documents on Fraud. Stating that the Joint holder (maid) had filed a Police complaint that the NSC had been with held by the family members of my father. A copy of the letter had been given to the Post office.
I handed the NSC to the Post office and told them to give it to the maid (Verbal).
Can I be held liable for fraud for submitting a document signed by an expired person.

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Guest (Expert) 28 March 2013
repeated query.

prabhakar singh (Expert) 28 March 2013
repeated query?no answer then!

Sudhir Kumar, Advocate (Expert) 29 March 2013
repated from http://www.lawyersclubindia.com/experts/NSC-Post-Office-381461.asp

You have been advised on earlier thread

V R SHROFF (Expert) 29 March 2013
repeated query.

ALREADY BEST REPLIED BY SHRI SUDHIR KUMAR
Think over those points.

Guest (Expert) 29 March 2013
NSC can be claimed only by the surviving joint holder of NSC on death of one of the joint holder.

You have no locus standi for any claim directly from the P.O. Only the maid, as joint holder, could claim payment. You were required to handover the NSC to the maid for preferring her claim. Had any claim was justified for you as the legal heir of your father, you could only claim some amount from the maid.

Irrespective of whether you received or not any money, since you produced the NSC for claim to the P.O. after the death of your father, instead of handing that over to the genuine claimant, you can be held responsible for fraudulent claim on the face of the police report by the surviving joint holder. Further doubt of fraud would arise about the genuineness of signature of your father as he was dead on the date of claim.

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