LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dhruv Verma   16 June 2024

Need legal help regarding domestic financial issue.

Hello Everyone, I will try to be as brief and informational as possible.

So My father had a little-bit of alcohol abuse issue, as a result of which a decision was made to send my father to a drug and rehabilitation center, where my mother signed the documents of admittance of patient. At the time of decision i wasn't present at home and was in another state & city because of my college exams, so i was being informed and had been part of the conversation through phone calls only. My mother gave all of my father belongings like Phone, wallet (with credit and debit ATM cards) and cheque book and passbook to his brother (my uncle). To which i replied that she shouldn't had given those things to anyone else outside our home and should've kept it at home safe either with herself or should've given it to me as i'm old enough now to handle such stuff (22 Yrs). Upon my return to home after some days, i asked for the stuff and all of the financial transactional information to which my mother Denied. Denied for the stuff and any related information, saying that she will handover the stuff to my father only and give all financial information to him.

So i took the action of releasing my father at my own and went straight to the center, thinking that if my father is released she would automatically be transparent with him. From 9th may - 12th June he stayed there and i released him on 12th June. Also signing the acknowledgement that neither the rehab center nor any person is responsible after release of my father.

Upon return of my father, as he was the sole owner of of his savings account, he found out through bank statement that my mother took out 5,50,000 INR from my father account (3,50,000 to herself and 2,00,000 to her brother, my uncle) without my father's consent and in his absence, and she had access to the phone like password, transaction pin everything.

So the Main Concern is how can i get back that money back to my father as my mother is denying to revert back the money giving illogical and lame reasons, even after so much discussion and mediation. I have proof for everything from bank statements to my father's absence and lack of consent.

 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 June 2024

Your father can demand her to return the entire amount failing which he can approach police with a criminal complaint for fraud,  cheating,  misappropriation,  breach of trust,  threatening and intimidation etc.

After that he can file a suit for recovery of his money through a civil court. 

The documents in your possession should substantiate his claim. 

kavksatyanarayana (subregistrar/supdt.(retired))     16 June 2024

Yes.  Your father shall complain to the Police Station concerned and file a recovery suit in court.

Dr. J C Vashista (Advocate )     17 June 2024

Let him (your father) get a FIR registered and file a suit for recovery seeking professional services of a local prudent lawyer.

VENKATA MOHANA RAO PATHAKOTA (PRACTICING ADVOCATE AT SUPREME COURT AND HIGH COURTS)     18 June 2024

INtially you need to approach the bank authorities and police authorities and lodge a complaint with them to get the money back.

I would suggest you to approach legal expert to take up your issue further.

 

Regards,

Venkata Mohana Rao Pathakota

Advocate at Supreme Court and High Courts

Cell No: 8297877977


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register