Hello Sir,

I understand the situation that you are in, but it is quite possible that your father issued blank cheques during his lifetime and the bank cleared the cheque because the signature were matching.

As per law you can not interfere with the investigation of the police but yes police can not deny to lodge an FIR, of police without lodging an FIR closes the case then you can go to the magistrate to file a case under section 156(3).

Also, bear in mind that if your father passed away inestate then you can file a partition suit to claim your share in the property.

Also apart from FIR you can file a declaration suit to obtain an order that the bank account be freezed till further order.

Regards

Hi

File a complaint to higher police officials about the improper investigation of IO, it is not your Duty to provide law and sections to the police so that they investigate in accordance with those laws or sections.

If complaining to higher officials also doesnot help in any way then file a complaint case against your brother objecting the will and cheques , court may then order the examination of signs and authenticity of the will.

Thank You

Hello sir , untill and unless it is proved that the signatures are forged on cheques , no criminal liability is made against your brother .. It is advisable to file a application before magistrate and to lodge a FIR under 156(3) , if the police are not investigating the matter properly..

In reply to feedback:

Do not take it as an offence, but the best option for you is to file 156(3) if the police is not cooperating, it is not your duty to provide law and section to the police. The police is asking you for the same to kill some time and in the end they will say that there is nothing. Try and understand the practical aspects of the matter also and for this reason only law has provided you the option of filing 156(3).

I hope good sense will prevail and rather than wasting time with police you will file a complaint before magistrate.

Best of Luck

Reply to feedback:

Also the magistrate under 156(3) has option to treat the complaint as a case of section 200 and also once directions are issued for lodging of FIR then you can go to the HC for getting the investigation time bound.

If at all the FR is filed after investigation then you can challenge the said FR also.

Regards

1) ask the IO to call upon bank to produce the cheques

2) have it sent to handwriting expert for his opinion

3)on death of father intimation has to be given to bank about death of account holder and account is forzen

3) check the bank regulations on its website as to what happens on death of account holder

4) you are at liberty to approach magistrate under section 156(3) of cr pc to direct police to investigate and submit report

Hi

First of all let me make it clear to you. If IO is not cooperating with you then need not to pray before him. You cannot teach or tell him law. You want that IO investigate as per your guidelines, which is not possible. He will look at both sides and will work as per his way and thinking.

NOW:

1. At this time the cheques are in your brother's bank , and signature records are with your father's bank. So both banks are needed to be called in order to get all details.

2. There is not any abuse or breach of law by your brother untill you proove the signatures on cheque and Will as FAKE.

3. File a complaint case under section 420,467,468 IPC. against your brother and try proving him guilty in court NOT IN EYES OF IO.

Thank You

1)ask your father bank to give you copy of cheque on basis of which funds with drawn by brother

2)if father had issued cheques your brother could present these cheques for payment

3) the issue is whether signatures are forged or not .

4) if signatures are forged then offence of cheating , forgery , have been committed by your brother

Legally you can not force the bank to show you the signature on the cheques. Merely on your believes the the chassis are forged signed, it is the responsibility of the nominee to complain to the bank about the fraud.

The will is contestable depending on the clauses if not agreed by all the parties for its genuinety .

I am sorry to state that you have very few rights in support to your claims.

Thanks

1. The police is right that since the bank has passed the cheque, the bank is responsible for this and there can be no crime involved in it , hence you may have to sue the bank in the civil court or consumer court, you have to approach court challenging the so called will while claiming a share in your father's money that is alleged to have drawn by your brother as a legal heir to your father, you cannot challenge the entire cheque transaction.

2. The approach to police itself was unnecessary because you have relief in court alone and not with the police since it is a matter involving your share in your father's properties and not concerning with the forgery or fraud.

All these things are to be taken up with the court alone while you claim your share in your father's property..

Your approach to police was a sheer misguidance.

The police cannot do anything with the matter that has been done legally and in the valid manner.

If your grievance is about the money taken away by your brother, then you should confine yourself to your share in that property alone, so you can approach court with a partition suit seeking your share in the movable property.

The police has got nothing to do with this because there is no fraud involve in it as per law.

1) Which bank should be called upon whether the Brother Bank or the Father Bank (issuer Bank) to produce the cheques.

Without a court order you cannot ask any bank to produce the cheque or even a copy of cheque and the bank can refuse to oblige.

2) Whether there is any breach or abuse of law that legal heir has used the cheques without intimating the father's Bank and simply putting few lines in the unregistered will that he has the right to withdraw the money.

The will only has to be challenged under this circumstance

3) Is there any criminal liability against my younger brother because he has used the cheques and taken out the money which could otherwise belongs to all the legal heirs.

No criminal liability, but you can seek a share in the movable property as a legal heir if this transaction is alleged to be a fraud.

4) Any supporting case law and relevant sections of IPC

When there is no provision of law for your circumstance you may not get any case law in this regard.

File a case against your brother concerned police before magistrate under forgery and cheating