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After death my uncle withdraw amount from my grand father's account
10-Apr-2023 (In Property Law)
My grand father died on September 2016. His pension account has no any nomination but after his death my uncle three times money from my grand father's account. It is legal or illegal. How to get it back?
This is sheer illegal in the eyes of law. It is strange that the bank allowed your uncle to operate the account of your grandfather – after his death. If in case it is found that he operated the account through fraudulent representation and means, a criminal case can be got registered against him and he will land in hot waters.
You must understand that as per Indian Succession Act, 1925, any movable or immovable property (self acquired) left by your grandfather (assuming he passed away intestate – i.e. without a will), has to be equally divided among Class 1 legal heirs (sons, daughters and wife etc.). In case he has executed a Will, succession under the Will shall be applicable as per the terms therein and a suit for declaration needs to be filed to its effect.
You must understand that as per Indian Succession Act, 1925, any movable or immovable property (self acquired) left by your grandfather (assuming he passed away intestate – i.e. without a will), has to be equally divided among Class 1 legal heirs (sons, daughters and wife etc.). In case he has executed a Will, succession under the Will shall be applicable as per the terms therein and a suit for declaration needs to be filed to its effect.
Helpful?
11+
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Get your grand father's death certificate in your hands, date of cheque through which amount withdrawn, date of cheque submitted to bank for payment and details of withdrawal from his account.
One issue may arise that your uncle may say that his father wrote the cheque in his name just before his death.
If wants to know more than provide complete details.
One issue may arise that your uncle may say that his father wrote the cheque in his name just before his death.
If wants to know more than provide complete details.
Helpful?
16+
16+
Adv. Shravan Kumar
Gurgaon | 25+ Answers
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