Sir I had paid 75 lakhs for a medical admission for my child to one middle man. He said he has links with a reputable institution in the city. He produced lot of forged documents with Trustee and vice chancellor signature and said that the admission is assured. Having waited for a year and unable to secure admission we were asked to wait for the next year and again showed me documents which included admission slips. Since our money was involved we asked him to return the money if admission cannot be obtained. Subsequently we heard he had a sudden death the nature of which was dubious suicidal. Since the accused died we approached the commissioner of police and lodged a complaint. They called all the family members like wife and sons for interrogations and the family members frankly denied that they never Knew about his nefarious activities. The police also was complacent and not keen to file a FIR. In such a situation how do I recover my money from the family members since the accused is deceased and how do we expose the gang operating along with him for forging and preparing the documents How do I make the police to register for FIR Will a private complaint work or money recovery case in high Court workout Is there any other option to proceed
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See for money FIR cannot be lodged against family members you can file a suit to recover the amount. For his crimes the family cannot be held responsible for his crimes if they are not involved .
You can file a suit against them, they are liable upto the amount they received in inheritance.
You can file a complaint in court against the gang and take orders under section 156(3) crpc. You can file a civil suit for recovery of the money also
The fraudster is dead
2) did you make payment by cash or cheque
3) if you made payment by cheque sue the legal heirs to recover your money with interest
A private complaint case has to be filed in the court of magistrate to direct police to lodge the FIR.
By resorting to unfair means to get your child admitted in the college was itself illegal and hence even during his lifetime you had a slip chance of recovering your money.
Now when he has died no action lies against his family members.
So forget this money.
In future adopt some legal means to get your act done.
There are many professions which your child could have indulged in to become a good man in life, profession and society.
Do not set a bad example for him by yourself by bribing people.
All the best for your child.
No criminal case can be filed since the person is not alive now.
File a case for recover of money praying for immediate attachment of the property of the deceased.
It is better to issue a notice to the legal heirs who inherits the property, claiming you money. If they refuse or do not reply then file suit against all the legal heirs for recovery of the money and for an injunction restraining the defendants from taking any steps in respect to the inherited property till the disposal of the case. This is subject to any probate procedure if any where you can file your claim direct to the probate issuing authority.
If there is any scam you can file a petition in HC for appropriate order/investigation into the issue.
Dear Querist
First of all, as per your information, as the accused had died, so FIR can not be registered against him, if in your complaint there is any allegation against some other persons than FIR can be registered.
but you can not claim recovery of your amount as this amount was paid for illegal act and as per law the recovery suit can not be succeed if the party is file the case for recovery of money given for any illegal purposes.
You have lost your money, so it will be better to move ahead.
The money was not given for illegal purposes. The party had shown documents regarding admission to the course and had link to the concerned institution. I want an investigation regarding the gang which operated for this and want to recover my money from the legal heirs
See for recovery you need to file recovery suit and for investigation an FIzr against the related people can be lodged of police refuse file a petition before the high.court to get directions for police to register FIR.
File suit against legal heirs to recover your money with interest
first of all you have to serve upon the person a demand notice through an advocate seeking refund of your money with interest and give him a time of 2 weeks for doing so failing which you may seek legal redress in the appropriate forum of law through the advocate of your choice by filing a case against him under CRPC.
the FIR cannot be registered against the family members of the deceased,
but a suit for recovery may be filed, but the amount in question i.e. consideration was for some illegal act and case may be dismissed,
you can approach the court for a thorough inquiry to get details of his other associates, but chances are on the low side,
You can do so by filing complaint as stated above
1. For investigation to begin there has to be a FIR.
2. To get the FIR registered you have to follow the process mentioned by me in my previous reply.
If the fraudster died without returning the money taken from you, you may ot be able to recover the same from his legal heirs.
There is no proof for having given money to him since he is not alive to admit or deny the same.
However you may take a clue from his associates who would be working very closely with him or formed a racket into this nefarious activities and get their names registered in your complaint for this fraudulent activity, sometimes you may have a chance to recover amount to some extent,but this is a very bleak chance and there is no guaranteee for your money.
If you suspect this to be hand work of a racket or a gang or the accused had nexus with the staff of the college, then you can find out the details through your sources and expose them by which you may have chances to recover your money to some extent.