Legal Advice

Querist : Anonymous (Querist) 19 October 2010 This query is : Resolved
Recently a cheque has been in my favour against the sale of a property of my father in which I am the co-owner. The A/c payee cheque so issued bears the joint Account number with my mother and has a validity of one month for the date its issuance i.e. till October 20, 2010. I am under a apprehension that my father is likely to take my mother’s signature on the pay –in slip to deposit the cheque with my bank for its clearance into the joint account with my mother. I am also apprehending that my father may also try to transfer the aforesaid sum from my Joint Account. Can a legal action be taken against my father and also the bank for fraudulently transferring the aforesaid from my above joint account? Similarly can a legal against me be taken by my father for not transferring the cheque amount in to desired account to save the validity of the cheque issued. At present I am not maintaining a good relation with my father and thus would not desire release the cheque amount so easily and would also like to hang up the sum transfer procedure in favour of my father as long as possible . Plz advice protecting my legal interests. Its urgent

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Devajyoti Barman (Expert) 19 October 2010
I believe you are talking about apprehension only in respect of your share only and not regarding your father's share because if your father is the co-owner of the property then he has got every right to take his share of money and you have got no legal or moral right to retrain him.
As far as your share is concerned you can always get your share of money transferred to some other account once the cheque is encashed.

Raj Kumar Makkad (Expert) 19 October 2010
If you have joint account with your mother and both are joint holders thanit is not possible by your father to transfer the amount of cheque by forging the signature of your mother, if you dont help him. In joint holding account, both the account-holder jointly can transfer the amount and it is not possible for a single account-holder to transfer any amount out of such account.

So far as legal action is concerned, your mother can very well take criminal as well as civil action against her husband and banker, if the fraud, as told by you, has been committed against her by forging her signature over any document or her money has been siphoned.