General power of attorney
Y R DINAKAR
(Querist) 28 March 2014
This query is : Resolved
Dear Sir,
My brother has opened SB a/c in a Bank with out knowledge of my father by foregining and did some transactions, after 5 months we came to know about the account.Now what is course of action my father should take in order to protect himself w.r.t the transactions in this account.
Actually my father is a paralysis patient and he has shifted to chennai from my native about one and half year back due to disputes with my brother.
Now he is threatening my father stating that he will file a cheque bounce case against my father and he has GPA of my father to open an account and do the transactions.
Actually to the best of my father's knowledge he has not executed any GPA.
If my brother has created fradulent GPA , what are options avialble for my father to protect himself.
Devajyoti Barman
(Expert) 28 March 2014
Ask your father to lodge complaint of criminal impersonation, cheating and criminal intimidation.
malipeddi jaggarao
(Expert) 29 March 2014
Your father can verify his signature on the purported the GPA, a copy of which must be with the Bank. If he thinks that his signature is forged he has the following options:
1. If no transactions are found which may land him in trouble in future, in the best interests of everybody, he should close the account forthwith without any delay.
2. Alternatively, he can inform the Bank that he has not given any GPA to anybody to open the account in his name and hence he will not be responsible for the transactions in the account and the account needs to be closed immediately.
3. Third alternative, if something fishy is found which may land your father in trouble in future, better he should give a police complaint for forgery.
Do not rush to the conclusions. Ascertain from your brother, why he did this and get the account closed unless you feel that your father will be in trouble in future.
prabhakar singh
(Expert) 29 March 2014
It is a case of impersonation and forgery which is crime and if avoided or admitted, your brother can even create a forged will.
Disown the account and it's transactions and by writing to the bank manager and lodge an FIR too.
Compounding may take place thereafter only
considering it a matter of family.
Rajendra K Goyal
(Expert) 29 March 2014
agree with the advise of expert prabhakar singh ji.
T. Kalaiselvan, Advocate
(Expert) 29 March 2014
A clear cut case of impersonation and forgery. It is better t lodge a complaint with the local police and also endorse a copy of the complaint along with a personal letter to the concerned bank manager narrating the facts and close all those banking activities relating to your father which might have been created by your brother forging your father's signature. Considering the seriousness of the issue, immediate action in this regard will enable you to avoid many issues that may crop at a later stage.
