AMOUNT IS DRAWN WITHOUT INFORMING THE BANK

Question

AMOUNT IS DRAWN WITHOUT INFORMING THE BANK

14-Feb-2025 (In Criminal Law)

My father retired amount sent to bank, my mom name is there as a nominee but my father changed nominee his brother wife to his wife and her husband and son kept the witness signs also, after my father death they drawn amount from atm without informing the bank. we are the legalheirs, i kept 420,506 case but police close the case false, but how she is not a wife

Answers (1)

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Advocate Mrudhula Jahnavi LawRato · Accepted Answer · 2025-02-25T17:31:53+05:30

If your father's retirement amount was withdrawn illegally, and the police closed the case as false, you still have legal options to challenge this decision. Here’s what you can do: 1. Challenge the Police Closure Report File a Protest Petition in Court against the Final Report (Closure Report). Request the Magistrate to order reinvestigation if you have evidence of fraud. If the court rejects the protest petition, file a Revision Petition in Sessions Court. 2. File a Civil Suit for Legal Heir Rights As legal heirs (children & spouse), you have a right over retirement benefits. File a suit for declaration & recovery of money against the illegal nominee. If the nominee was wrongfully added, challenge the nomination change in court. 3. If She Is Not Legally Married to Your Father File a case under Section 494 IPC (Bigamy) if she falsely claims to be the wife. Request bank records and marriage proof documents in court to prove fraud. 4. File a Complaint with the Bank & RBI Write to the bank’s grievance cell & RBI Ombudsman for illegal withdrawal. Request the bank to freeze any remaining funds and take action against the nominee. 5. File a Writ Petition in High Court If the police refuse to act, file a Writ Petition (Mandamus) in High Court for proper investigation. Would you like help in drafting a Protest Petition or Writ Petition to challenge the police closure?

AMOUNT IS DRAWN WITHOUT INFORMING THE BANK

Adv. Mrudhula Jahnavi Adv. Mrudhula Jahnavi