If he has exploited your mother and she is willing to complaint she can file complaint under Senior citizens Act and demand her money. You can file on her behalf if she is bed ridden. He can't take it without mother's consent
Regarding fixed deposit of my paralysed mother
After my fathers death in 2009, who died on duty and was working as a govt employee.A major portion of gratuity and other amount received from the employer was kept in the bank as a Fixed deposit in my mother's name in 2013 which was linked to her pension Account. She is a senior citizen & paralyzed and unable to sign and can put thumb impression only. The Fixed Deposit was then taken out by my elder brother in 2018 after tranferring the pension account to pune branch from Berhampur , odisha branch My brother had tranferred the pension account in 2017 then added himself as a joint account holder to the pension account and then withdrawn the fixed deposit money around 9.0 lacs by misleading and taking my mothers thumb impression. After that he started torturing my mother and sent her to my younger brothers home in mumbai. After one year in 2019 my younger brother sent her to my house in berhampur. Now she is staying with me.After coming to my home she narrated the whole thing. My mother don' t have any money except her monthly pension.She is helpless in case of medical emergency. I am also house wife and dependent on my husband salary, who is a pvt.company employee. Q.1In this situation can my mother get her money back? Q.2How can my elder brother take all the money when me and my younger brother also have equal share. Please give me some legal advice for immediate remedy.
Asked 5 years ago in Property Law
Religion: Hindu
12 Answers
Yes, you sent them a Notice to both brothers, that to take responsibilities of mother is their first duty and all medical expenses towards her. How elder withdraw all amount from her FD and pension amount and plus how his name is entered in the bank and pension account with our your or younger brother's NOC. you need to cross check all question to the Bank as well to your brother on behalf of mother, Send him legal notice in this regards.
If you want I can help you this regards.
Mother should file complaint against her son before senior citizen tribunal seek orders to direct son to refund money withdrawn by him From her bank account
2) in alternative approach court for necessary reliefs
1. Yes , she is entitled to get all the fund back legally , otherwise the said son will go behind the bar.
- Your mother can lodge a complaint under the Senior Citizens Act, against that son , and if she is unable to do so, then you can lodge on her behalf as well.
- Further , send that complaint copy to the said bank and the department from where she is getting pension.
2. Further , after the death of your father intestate , his property and fund would be devolved upon all the legal heirs legally i.e. mother , you and the said brothers
- You can send a legal demand notice to the said brother to divide the amount /fund of the father equally , and if no response then file a court case.
1. She can give a complaint for fraud and forgery against her son to the local police where this fraud took place, but recovery is rarely possible because she had put her thumb impression.
2. As a matter of legal fact, neither you nor anyone has any rights over the amount she received in her name as terminal benefits, but he somehow manipulated the account and managed to swipe off the money long ago, which cannot be recovered without any evidence against him because your mother has put her thumb impression in the withdrawal form.
1. If your mother was misled or defrauded in parting with the money then she can lodge complaint of cheating or criminal breach of trust. However he being a joint account holder such allegations may face difficulties in substantiaion of the allegations.
2. Ask your mother to remove your brother in holding the pension account jointly with him forthwith.
3. If he refuses to remove himself then get the pension account transferred to some other account held singly by her.
4. Since in your father's terminal benefits all of you have equal rights you can file suit for partition to claim your respective shares.
Please go through Arbitration and Conciliation for understandings in family firstly.... if matter not resolved, thereafter make a complaint against your brother for doing frodulent work with malafide intention.
Yes she has a remedy. A criminal complaint must be filed against the 2 brothers for forgery and criminal breach of trust and stealing the money.
A civil case must also be filed for recovery of money taken illegally.
File a police complaint against your brother under 420,406IPC.
Yes by filing FIR agaisnt son of cheating and forgery.
File FIR on behalf of mother and you.
your mother should file complaint before jurisdictional Police station against son u/s 420,468 of ipc.
1. Yes she can file suit for recovery of FD withdrawn by her son without her consent and for her maintenance under senior citizen act before tribunal for senior citizens.
2. You cannot take any action against your brother because he was joint account holder when money was withdrawn but your mother can also lodge FIR against her son for committing fraud with her.
