Sibling withdrawing money from account of deceased father


Hello . My father passed away last year and my brother has been withdrawing money using my father's ATM cards. He has even sold a few of his shares using online banking and changing password of his online demat account using his mobile and impersonating as my dad on a call with the bank after my dad's passing away. I got to know of this when I got an intimation email about the sale of securities as I am the nominee on all his ( My Dad) accounts. He had not informed any bank about his death. Once I got to know I infmd all the banks and gave them the D/C and got all his accounts frozen. He has since filled a case on me and also a succession case for grant of succession certificate using a forged will and made sure that I did not get the notice for the succession case. Which I figured out when I checked on ecourts website. What do I do please advise. Police are refusing to lodge a FIR as they say where is the place of occurrence of the said incident/offence.

Answers (5)


234 votes

You need to take a very quick action against your sibling. You should file your appearance and reply to your sibling's case as early as possible. Once he takes the decree/judgment fromcthe court in his favour, ot will be very difficult fo you to win from thereon. Also you should file a criminal complaint against your sibling for his misdeeds.

Even if police is refusing to register the FIR, there is a way whereby we can file a complaint and an application in court thereby seeking direction from court to order the police to register FIR.

Please note- take all actions at the earliest.

Note- you can contact me through the lawrato platform for seeking my further assistance. I will assist you in detail if we meet in person. Further, i can assure that i will get your FIR registered within very less time. I and my team is expert in deqling with these type of cases


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

129 votes

Greetings,

There are set procedure for all civil and criminal cases. He has already instituted a legal proceeding against you and another for grant of succession certificate to claim inheritance over your father's property. You will have to respond to the case in your defense.

It is not that easy for him to get the certificate. You need to hire a competent lawyer to guide in details.

Further, the police may not be taking your complaint seriously. Just go to the local police station and submit a complaint (if they are refusing to file an FIR). The copy of the complaint duly stamped by the PS will come handy later.

I'd suggest you have a lawyer to guide as online resources are good for general information and they can't be your advocate in need.

Feel free to contact for further discussion in details.

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146 votes

File a civil suit in a competent civil court for cancellation of succession certificate obtained by his brother by playing fraud upon the court taking all the plea which you have stated in your question because at this stage rightly police would not take any action being he is doing all on the strength of succession certificate.

347 votes

Mam, grant of scuucession certificate u/ 372 of indain succession act is granted for transfer of movable properties such as shares whereas Will is needed for transfer of immovable
properties. After the death of your father, you , your brother wnd mother are the class1 legal heirs, thereby you are entitled to equal share in all his asssets and properties. For the grant of succession certificate or probate
of will your consent and he consent of other lefal heirs and their no-objection certificates are required. Therefore you can appear in the concerned courts for the same and give your plea and if the police is mot registering FIR, you can file an application u/ 156(3) alongwith the sec. 200 complaint.

335 votes

Dear client,
Did u file a complaint before the police why police is not lodging FIR against ur brother because he done fraud and Forgery against you and it is punishable under Indian Penal Code.Dear client if police office is not registering FIR than in that case u can file section 156(3) CrPC application before the concerned magistrate.Dear client if u need any clarification you can contact me and I m happy to help you.

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