Atm withdrawal by nominee after death of the bank account holder

My grandfather had a bank account to which my father was nominee. My father are 4 brothers. After the death of my grandfather, my father withdraws Rs, 1,20,000 thru ATM without informing the bank. Total amount in the account was Rs,5,55,000.Out of 3 brothers of my father, 2 brothers know before about the ATM withdrawal and have no objection. But One brother (my Chacha) has objection and filed a case against my father under IPC 406. My father spends all money, Rs 1,20,000 on my grandfather's last rituals and he has complete bills of Rs 1,20,000. Remaining Rs 4,35,000 was legally transferred to my father's account by Bank's manager. nMy father was not aware of the rules and thought that as he is a nominee, he can withdraw money through ATM. Also, my father didn't spend money on himself.My chacha, who filled a case against my father has never demand his share (on my grandfather bank money) to my father and just filed a case against my father. nIn such case - will IPC 406 is applicable?