Atm card misuse of deceased person by his son
Roshan Singh
(Querist) 27 April 2016
This query is : Resolved
Hi, My name is rahul. i want to ask one question about ATM CARD MISUSE AND FRAUD.
Kumar Doab
(Expert) 27 April 2016
The Bank can share CCTV footage with customer/police/court.
http://www.hindustantimes.com/chandigarh/now-you-can-ask-for-cctv-footage-in-case-of-atm-fraud-or-failed-transaction/story-gdadgdEAWgkJZKvWcCJ8kO.html
You have engaged a lawyer and your lawyer would know how to defend your interest.
http://www.naavi.org/cl_editorial_11/edit_aug_13_boi.htm
https://www.rbi.org.in/Scripts/PublicationsView.aspx?id=14014
8. Zero Liability against Loss in ATM and Online Transactions
http://timesofindia.indiatimes.com/defaultinterstitial_as.cms
Rajendra K Goyal
(Expert) 27 April 2016
It seems your grandfather entrusted the ATM cards to your uncle and told him the PIN nos. of the cards. These were three cards must be having three separate PIN. From the situation the withdrawal had the consent of your grandfather.
If it was there should be no trouble practically.
Legally, the assets of the deceased belong to all legal heirs if he expired intestate and the same should be distributed among all legal heirs. The amount should have been withdrawn from the Bank after completing the formality / required documents.
Kumar Doab
(Expert) 27 April 2016
The uncle should have distributed the share amongst all legal heirs.
The withdrawal was post death and action of your uncle is bad.
H.M.Patnaik
(Expert) 27 April 2016
Mr. Goyal has got it right.If the withdrawals are made after the occurrence of death of your Grandfather, the same can be substantiated by calling for ATM withdrawal records in respect of the accounts in question as well as the Death certificate recording the time of death. CCTV footage of the concerned ATM will also be a valid proof as suggested.
Another thing, why are you filing complaint in different courts.You can file these cases in the court which covers your place of residence.
Roshan Singh
(Querist) 27 April 2016
Sorry for delay sir, my grandfather two house. One house my father reside and other house my uncle reside there. My grandfather some time reside with my father and after my uncle.
Roshan Singh
(Querist) 28 April 2016
I also filed case where I reside there rohini court. But judge is not ready for jurisdiction. So, I withdraw case and filed in tis hazari and karkardooma court. Please help me, Please give some judgement.
Roshan Singh
(Querist) 28 April 2016
Judge demanding judgement high court and supreme court. But i and my advocate search Judgement.
Kumar Doab
(Expert) 28 April 2016
Your uncle has as per you, already replied as; "My uncle reply after five to six month that his father Before death make registered will and in will property in my uncle favour But IN WILL also mention any other movable or immovable property in found shall go both of my son in equal share. So, my uncle also mention in reply he is ready to give half share of amount withdraw. This reply to help me, he is withdrawn the amount.
"
You should have posted it in your 1st query.
Your uncle has already mentioned that:
--there is a registered WILL. Has he supplied you the copy? Is your father satisfied with WILL or want to contest it? If he wants to contest it then consult an able Lawyer. Have you found any other movable or immovable property that is to be shared? If yes approach your uncle and he may agree to share.
--Your uncle is willing to pay half of the withdrawn amount. Are you not willing to take it? if you are willing then what is the need to files so many cases?
Roshan Singh
(Querist) 28 April 2016
He admitted payment because He want succession on WILL ON property.
Roshan Singh
(Querist) 28 April 2016
Please give me some judgement for case registeration.
Rajendra K Goyal
(Expert) 28 April 2016
Judgement / ruling/ citation / case law not provided in this section.
Kumar Doab
(Expert) 28 April 2016
Your uncle is willing to share the amounts withdrawn from ATM. Let your father collect the share.
If he is scared he may also give the copy of WILL and tell other properties of grandfather if any.. Once you have the copy of WILL you can decide to accept or contest.
I have nothing else to post.
You may wait for advise of other Experts.
You can go for second opinion from another local, senior and able lawyer also.
Roshan Singh
(Querist) 28 April 2016
But i want to registered fir against my uncle.
Sudhir Kumar, Advocate
(Expert) 28 April 2016
You have given facts on installment basis.
You have stated that your G/father was with uncle.
You have not stated how long.
You have also not stated who was maintaining him
Roshan Singh
(Querist) 01 May 2016
If you have judgement to provide me, please. my advocate search judgement in library or other method. but he dont get any judgement same as my case. please help me.
Kumar Doab
(Expert) 02 May 2016
Sufficient replies have been posted.
You can go for second opinion from another local, senior and able lawyer also.
T. Kalaiselvan, Advocate
(Expert) 05 May 2016
Sorry no citations are supplied here. Your advocate has to argue on the point that withdrawal of amount from ATM after the death of the account holder is an illegal act.
Sudhir Kumar, Advocate
(Expert) 06 May 2016
why/how ATM card was with him and not with you or your father?
your answer reveal that he was being looked after by your uncle in his late days. It is a serious moral crime he appears to have done.
A son who takes care of his father at late age must be harassed on petty matters. It is your moral duty to make him realise of his sin.
carry on .....carry on .....carry on .....
Sudhir Kumar, Advocate
(Expert) 06 May 2016
If your uncle has a will in his favour then why he should allow you to touch even a single penny.
Roshan Singh
(Querist) 06 May 2016
Sir, in grandfather will property mentioned in my uncle name
Roshan Singh
(Querist) 06 May 2016
my uncle filed case probate of will. my father objection the will but my two bua ji give noc of my uncle favour because uncle give some money of my bua ji.
at the end probate case favour of my uncle. but complaint is continuing for atm withdrawal against my uncle.
Kumar Doab
(Expert) 06 May 2016
If court has granted Probate of the WILL then get the certified copies from court and stake claim to the property.............as explained by you "any other movable and immovable property in found my name after my death shall go both of my sons."
It is entirely your decision to continue with complaint. Finally court shall decide.
