Bank at alwar Rajasthan was not provided name of all legal heirs of deceased by my brothers. Partnership firm at will ought to have been dissolved on death of my father.But remaining partners who are my brothers entered new deed with same firm name and clause new firm will continue to operate old bank accounts. There is no will for these firms. I was not partner in old firm as well as new firm. Firm had several FDs worth over Rs 2 crores. I informed bank not to allow encashment of balance FDs but bank did not reply. On bank grievance portal they say case between legal heirs is subjudice ( partition case ).so they do not consider it as complaint. Bank is not a party or connected to partition case. I live in delhi. Can i file case in national consumer court delhi directly ( dispute amount for jurisdiction to be Rs 1 crore minimum. ) I only want Bank should keep this amount under hold or if already encashed recover from firm .I can not claim anything from bank except this. And may be some compensation. I understand bank has to freeze partnership account on receipt of information from any partner or anyone of his legal heir. Or can I file writ in Jaipur HC asking court to direct Bank to put stay on those FDs till dispute amongst partner /legal heir is settled. And also to take disciplinary action against officers involved. Already internal vigilance enquiry is going on by bank vigilance on my complaint. But given our corrupt system result may be bank had acted as per rules as partner did not inform name of all legal heir and now case is subjudice. they may close the case by issuing just a warning letter. It is clear from their acts , deep collusion between my brothers and bank manager. If advisable i will seek services of some good lawyer at Jaipur or of Delhi who manage at Jaipur. My no is [deleted]. Or is there any other way. Like filing civil suit against bank in alwar for staying / recovering FD amount from firm. I had complained to ROF alwar and vigilance report had given clean chit to him stating brothers have stated on affidavit they are legal heirs of deceased and newspaper notice was served. Also on my further complaint with document giving proof of my being legal heir they have replied if I am not satisfied then I can approach court. Should ROF be included in writ with directions to deregister firm for submitting incomplete information and conducting proper enquiry against firm and penal action under sec 70 of partnership act. kindly advise me suitable course.
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Lawyers are available now to answer your questions.
1. If the bank is not replying to your complaint and has not taken any action and the dispute amount is more than 1 cr then you may move to the NCDRC.
2. You may also lodge a FIR against the bank manager
3. Best way though will be to file a civil suit in Alwar itself. There is a huge pendency in the NCDRC and the disposal of the case will take time.
Regards
You can file suit seek injunction restraining bank from making payment of money lying in bank accounts
2) in said suit seek orders to deregister firm ,for rendition of accounts
3) no need to file writ petition in HC
4) don’t file case before national commission
Yes you can file the same at national forum. You can pray for interim prayers for what you have stated above. It's a clear case of deficiency
I would advise you to go through the partnership agreement first. Your entitlement in the estate of the deceased partner as a legal heir totally depends upon non incorporation of a particular clause in the partnership deed.
Clause :
Non-liability of deceased partner's estate which provides that where under a contract between the partners, the firm is not dissolved by the death of a partner, THE ESTATE OF THE DECEASED PARTNER IS NOT LIABLE FOR ANY ACT OF THE FIRM DONE AFTER HIS DEATH.
If the above clause was incorporated in the partnership deed then as legal heir of the deceased partner you shall not acquire any right to the estate of the deceased partner after his death.
This is the main law point which will decide your fate. If the clause is there you will be totally legally handicapped. No law could help you in this matter.
If not you can legally fight your case even a fradulent case can be filed in criminal court.
No consumer case made out neither HC will interfere when CIVIL remedy available, why didn't requested from court to order status quo on partition properties, than bank was bound not to release FD`s till disposal of case.
You can still get stay order from court.
If partner concealed the name of heirs and shown only heir to himself, file criminal complaint agasint him.
And you can complaint agasint bank to RBI.
My intention is Writ against ROF and Bank for acting with malafide intention. Of course i will put complaint with RBI ombudsman as advised by you. But my experience is that bank will say partition case ...so subjudice and rbi will accept this.... Decision of ROF and Bank ....govt authorities...Is it not covered under statutory or public duty.... You are experienced lawyer...I am layman...partition Case at alwar....long dates after dates....judge not present...opposite lawyer on leave...some problem in l)opposite party family.....)and i feel already FDs may have been encashed.....Reply on stay application not submitted... Disciplinary action against colluding officers....who are not taking action even after knowledge of false information submission.... Reg criminal complaint...FIR ordered by court against partners and bank manager...but closed by police FR stating civil case...... I think system is such either fight partition case for 30 yrs or forget it..... Anyway thanks for ur valuable advice .. If Writ possible ..kindly take my case...nine six five zero 28 fifty seventy is my number
Still when false legal heir certificate is submitted in bank or complaint has been filed, bank will ask to get succession certificate from court and cannot release just by demand.
Your grievance and prayer is personal in nature, no jurisdiction of HC at present. Get stay from court than let the matter adjourn for any long.
File protest agasint closer report, police report is manged and police is corrupt.
HC would not intervene in writ as you have alternative remedy available
there are are disputed questions of facts involved and HC would not like to go into said issues
Writ is the best way
The immediate solution for you in this is to implead the bank as necessary party to the existing suit and obtain an order of injunction against the bank restraining it from disbursing any amount to other heirs till the disposal of suit.
You can even approach banking ombudsmen for getting your grievances addressed.
Your subsequent post reflects your frustration and disappointment.
You should handle patience now.
Writ may not be entertained.
You may even file separate injunction suit against bank on the same lines.
You discuss with your advocate on this and proceed as suggested.
I have carefully read advice given to me . As per these perhaps the best course for me 1. To file separate injunction suit against bank asking bank not to allow encashment of FDs and ask Court to take action against bank officials who inspite of their admission partition case is going on and my letter not to operate those accounts ,allowed them to encash FDs without succession certificate or any court order. And request court to order bank officials to restore those FDs . 2. In Same suit / or separate suit against ROF for canceling registration of firm for submission of false information on name of legal heirs ( hiding or non disclosing ) my name. 3 Protest petition once intimation from court on closure report by police is received by me. Kindly advise or suggest best alternative under my limitations.
You have been correctly advised.
File suit against bank not to permit encashment of money lying in FD
As per my advice writ is best remedy
IN same suit, bank will made party. You should have prayed injunction against the bank till partition suit not finally disposed. Now request court to pass order against the partners not to alienate the FD`s amount.
Against FIRM fresh suit will file.
Against closer , report protest report.
Dear
You should file an Injunction in court against bank for freezing all the accounts of firm and also seek orders for dissolving new firm formed by your brothers for operation of accounts.
Also file a Complaint of bank manager to banking ombudsman for not replying to your requests.
Going to Consumer forum will not be beneficial in your case.
You may go for this line of action