• Medical scam

I paid 75 lakhs for admission but was denied. The amount was swindled by the person and recently died. What should I do. Should I file FIR AGAINST family members to attach property
Asked 6 years ago in Criminal Law
Religion: Other

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11 Answers

The person who took the money must be operating along with gang members. If the person has died you should lodge an fir against him and his other known/unknown accomplices along with their family members who are being benefitted from the money swindled from people like you.

Regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can file FIR against that man. The case will be investigated. File the same in economic offence wing

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

1) how was money paid by cash or cheque ? 

 

2) do you have evidence of money paid by you 

 

3) no FIR can be filed against family members 

 

4) you hav e to file suit to recover said Rs 75 lakhs fromhis legal l heirs 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8146 Consultations

1. What the deceased nefarious agent, did to you is classified as "criminal" Cheating, Fraud, Intimidation, Threatening under the Indian Penal Code.

2. Above offences are not transferable to ANYBODY (which includes family members, partners, relatives, friends, whosoever ....)

3. IF you have documentary evidences of the payments, THEN by following proper procedure of law, the accused properties can be attached, thru orders of the court.

4. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud against the person (or others who may be involved (eg. the college staff), supported with all relevant supporting documents.

5. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. against the person (or others who may be involved), The said Person's family /relatives, may come down for settlement. It is worth a try.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

If you have paid money too get admission by illegal means as it appears you can not get back the same anymore , even if, the person ho took the money was alive.

An agreement to pursue a wrongful means is not legally enforceable.

 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

See you cannot file FIR against the family if the person is no more you need to file a recovery suit to recover the amount as the person you can money died his family can be joined in civil suit but a criminal case cannot be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Do you have something in writing?

If you any agreement or any transaction id of money transfer then you can legally recover from deceased  legal heirs. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Client,

Family members have no role except if they are using that amount. Through what mode you have paid him ? Have you any information, where he kept / use the amount. No criminal complain against dead. Civil recovery only.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Dear Sir,

You can lodge complaint against family members saying that said amount were used for legal necessities of family members of deceased.  If police do not cooperate then file private complaint before magistrate.  you can also file civil suit of recovery of amount.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Criminal case can not be filed against the family members.

However you can file a case of recovery against the family members in order to get your amount back. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can give a complaint against the person who swindled the amount and inform police that he is died hence his family members may be asked to somehow return the amount,

No doubt this is not a proper legal action and the police may not entertain any such complaint, but you must somehow prevail on the police so that there opens some way for getting closer.

Alternately you can issue a legal notice to his legal heirs making them squarely responsible for repayment of this money swindled by the deceased fraudster.

After that you may even plan to file a recovery suit based on the documentary evidences against the legal heirs since they are enjoying the properties of the deceased.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

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