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Author Topic: Elder brother fraudulently withdrawn huge amount from my fathers bank account  (Read 840 times)

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Offline hanwant

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Our ancestral land was acquired by Govt. of Rajasthan in Barmer. The compensation cheque of 5.61 Crore issued in favour of my Father. The same was deposited in Bank Account of my father. Later my elder brother fraudulently taken signature of my father and transfer the whole amount to his bank account in another bank leaving my fathers account almost nil. Later on due to some social compulsion he issued a cheque to me  from his account  of around 40% of the amount and orally promised me to pay rest of amount in short time. We are two brothers (me and my elder brother). after few days my father departed for heavenly abode. My elder brother not paying me rest of the amount to me. May I have a strong case? Should I file a suite? at which court? Plz. advize me.

Offline advamrita

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In your case the law of limitation its to be considered.

when u came to know of this fraud, neither u nor your father take any legal  action.

so it can be safely stated that the money was transferred by your fahter to the elder brother wilfully and no fraud took place.

now regarding the share since certain part has been paid, now the rest to be paid to you will be entirely on your brother if he wishes to pay or not.

as i see no evidence, strong enough to approach the court.

regarding filing against your brother, the place of jurisdiction will be the place where the money is deposited. at the time of compensation from the govt for your land, or where your father residedbefore he left for heavenly abode

Offline advdesai

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Your case is extremely weak, approach the court will be a waste of money time and energy... You are completely at the mercy of your elder brother.

Try to convince him to give your share
Advocate Desai Knows the Law

 

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