• Elder son deprived of inheritance benefits

Father inherited landed properties that he sold off and kept as bank deposits.Father with 2 sons (I am elder) & 3 daughters died intestate; all married.As per formalities for disposal of deceased assets, bank prescribed affidavit submitted jointly signed by all 5 including my fake signature signed by my younger brother himself. My surviving mother who is nominee in almost all the deceased accounts also signed the affidavit and other documents. I am away from all of them serving at another state.Brother's call and sms to me to mail my scanned ID proof to his personal email id got me suspicious.I got all those documents through RTI (seen my fake signature on affidavit) including list of father's FDs and payment of some. Sisters got enough fortune also at intervals before father's death all through cheques;so not apparently interested more.I am better off than brother; could know he bought a specific property acquired payment through mother's accounts where FD maturities deposited.Mother soft to him.What should I do,I love my brother.
Asked 3 years ago in Property Law from Bangalore, Karnataka
1. This was a crime and crime of cheating, forgery and criminal impersonation was committed.
2.Immediately lodge complaint with local police stating all facts.
3. If you love your brother then beg for your money.
4. otherwise initiate the case on the basis of complaint after which the Police can recover the money from their bank a/c.
Devajyoti Barman
Advocate, Kolkata
12483 Answers
159 Consultations

5.0 on 5.0

Hi, you have to file a suit for your share in the father amount and you have also lodge a police complaint for cheating  and forgery.

(2) If you love your brother it is better settle the matter amicably and secondly the bank will not give the amount with out succession certificate and it is better once you check the status of the amount in bank also.
Pradeep Bharathipura
Advocate, Bangalore
4527 Answers
202 Consultations

4.3 on 5.0

1) There is clearly a case of cheating you of your legitimate share by means of forgery and impersonation and your younger brother can be prosecuted for the same and the money be recovered from him if you chose to do so.
2)To initiate legal steps you need to first of all lodge  a police complaint and follow it up with a case to recover the money.
3) If out of love for your brother you do not want to claim your share, you shall not take any steps. Let him know that you are aware of the situation and demand your share to be given, else initiate legal action by making a police complaint and follow it up with a legal notice to him.
S J Mathew
Advocate, Mumbai
2229 Answers
110 Consultations

5.0 on 5.0

1. Lodge a police complaint against your brother for cheating you by forging your signature to take away your share of the amount,

2. Also file a Recovery Suit based on the above allegation,

3. It will be prudent on you part to talk to your brother before taking the above steps.
Krishna Kishore Ganguly
Advocate, Kolkata
18079 Answers
438 Consultations

5.0 on 5.0

1) it is better to resolve family disputes within four  walls rather than resorting to police complaints of forgery , cheating and criminal breach of trust 

2) you have stated that you love your brother and also that you are financially well off 

3) under circumstances it would be prudent not to file any police complaint against your brother . 

4) legally speaking if your signatures have been forged criminal complaint can be filed by you under section 406 for criminal breach of trust , section  420 for cheating , section 468 of IPC for forgery .
Ajay Sethi
Advocate, Mumbai
44140 Answers
2560 Consultations

5.0 on 5.0

1. A criminal case for cheating and forgery lies against your brother. If held guilty by the court he may be imprisoned for up to 5 years. It may be difficult for him to even obtain bail.

2. You may also file a lawsuit for recovery of money against your brother.

3. The above are your legal remedies. If you love your brother then think twice before resorting to legal process against him.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer