My grandfather (Who expired a couple of years ago) had a joint account with my father in Saraswat Co-op Bank with an amount of ₹3,50,000 in it. My father was unaware of this amount. My grandfather lived at my uncle’s home and after his demise, my uncle got possession of all the bank documents through which he got to know about the joint account and the balance in it. My uncle took my father’s signature on a blank cheque saying “there are a few thousand rupees in the joint account, I will withdraw and give the money to you” Since my father was not aware of the amount, thinking of a small amount (as told by uncle) and trusting his own brother, my father signed on the blank cheque. My father did not write anything else on the cheque like bearer’s name, date, amount is words and numerical etc (This means handwriting will not match). My uncle has put his own name and amount on the cheque, and has withdrawn all the money. When my father updated the passbook, he realised it had ₹3,50,000 and everything has now been withdrawn and is with my uncle (He made an FD of that amount on his own name). Amount was withdrawn 20 days ago. Please suggest what action can be taken against my uncle and how to recover the money? Thanks
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I am advocate Kunal Sharma
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Lodge a police complaint now with complete detail. You can also file a complaint in the Magistrate Court u/s 200 or section 156(3) of CrPC. You have a chance to win the case provided you do it properly.
Your father can file criminal case for forgery and cheating against your uncle. He can also file police complaint against your uncle.
After filing of criminal case your uncle may opt for after court settlement. In criminal cases out of fear some people opt for out of court settlement. That will be benrficial for you.