Withdrawyal of amount
ashok
(Querist) 04 July 2013
This query is : Resolved
while thanking the experts for earlier query regarding withdrawal of money from SB a/c of my mother ., I request you to give me guidance and want to explain under what circumstances I withdrew the amount.
1. My mother died on 17.01.2013
2. On 13th day i.e. 28/01/2013 money was withdrawn after getting confirmation from the pension clerk (she said money can be withdrawn from the deceased account up to date of death) accordingly I drew money from my mother's ATM card (which incidentally I was operating as per instructions from mother during her life time)and also I intimated the death of my mother to the bank in writing on 30.01.2013
3.The money so withdrawn has been distributed among other legal heirs(two daughters) on 13th day. which my brother
who is contemplating and harassing me that I shall be jailed for withdrawing the amount and he has issued me letter to that effect.
4.On receipt of his letter I went to the bank and enquired with Bank Manager who advised me to deposit back the money accordingly I deposited money back from my personal finance.
5. The amount withdrawn was 22,900/-
The same was made good
My fears as follows,
1. Can I be convicted for withdrawing money from the Bank ? if my brother goes to court
2. What remedy is there for me to save myself from getting punishment, and how can
escape from my brother's harassment?
kindly give me guidance please, I waiting eagerly (severly stressed and is under tension)reply from you experts.,
Raj Kumar Makkad
(Expert) 04 July 2013
1. Nothing can be opined concrete without having any issue as on day. There are many technicalities in criminal cases and generally not more than 7-8% total criminal cases become successful in India.
2. You need not worry and let your brother do what ever he thinks fit. Harassment of threatening remains more than the actual happening.
Adv. Chandrasekhar
(Expert) 04 July 2013
Take undertaking from your two sisters that you distributed the amount to both your sisters, as per the last wish of your mother. Do not worry. Nothing will happen. Two options are there. If your brother is amicable now, as it appears that your mother has not left any will, file case for succession certificate making all the legal heirs as parties and after obtaining succession certificate withdraw the amount as per legal entitlement. If your sisters are good enough, they will give back the amount they received earlier. If your brother is vengeance mood, leave the matters like that. Do not worry about criminal case. Nothing will be going to happen.
Adv. Chandrasekhar
(Expert) 04 July 2013
Take undertaking from your two sisters that you distributed the amount to both your sisters, as per the last wish of your mother. Do not worry. Nothing will happen. Two options are there. If your brother is amicable now, as it appears that your mother has not left any will, file case for succession certificate making all the legal heirs as parties and after obtaining succession certificate withdraw the amount lying in the bank and disburse as per legal entitlement. If your sisters are good enough, they will give back the amount they received earlier. If your brother is vengeance mood, leave the matters like that. Do not worry about criminal case. Nothing will be going to happen.
Rajendra K Goyal
(Expert) 04 July 2013
Without the actual issues on which the legal action is initiated nothing concrete can be advised.
Since you have taken the money by mistake to distribute it among your sisters as per the wish of your mother, and the same was deposited back when the mistake came to know, the matter should be over.
prabhakar singh
(Expert) 04 July 2013
Two crucial facts admitted by you herein your query may damage badly your defence if you have admitted them elsewhere too.
1.That ATM CARD of your mother was in your custody and you admit you use to operate her a/c,may be under her instructions.
2.Your mother died on 17/01/13 yet you withdrew money from your deceased mother's a/c using her ATM CARD under whose instructions on 28/01/13?
You distributed the sum among heirs or not or deposited back the sum back in the a/c can not absolve you from offence you committed on 28/01/13.
So if possible better herenow do not admit any where that you had her ATM card or you withdrew money using her card on 13th eve of her death,or distributed that among her heirs or deposited the same back in her a/c
from your sources.
ashok
(Querist) 05 July 2013
While thanking all the experts for their advice, I request you to advice me for the following.,
In case all the four legal heirs now sign the claim forms and get their share of the money,
will I be saved from this offence and no further legal proceedings will follow even after money is claimed and also at a later date?
Eagerly waiting for your advice
ashok
(Querist) 06 July 2013
While thanking all the experts for their advice, I request you to advice me for the following.,
In case all the four legal heirs now sign the claim forms and get their share of the money,
will I be saved from this offence and no further legal proceedings will follow even after money is claimed and also at a later date?
Eagerly waiting for your advice
Raj Kumar Makkad
(Expert) 06 July 2013
If you distribute the money after withdrawing with prior intimation to all legal heirs, it shall definitely hide the earlier withdrawal and re-deposit and the matter then can be got amicably settled qua the distribution.
