Legal Question in Banking Law in India
p/a holder signing after expiry of a/c holder
son - p/a holder, since 1999, continues to sign as p/a holder since beginning and continued even after expiry of his father in 2002. from 2002 till date, withdrawn Rs.3,500 from savings account, on total 8 different occassion, averaging Rs.450 per withdrawal of Dividends etc. in last 6 years. Is it criminal offence, if withdrawals continued, for Rs.3500/- without objections from other p/a holder - brother.
now dispute in family - this brother have filed forgery complaint - I have signed all cheques in my sign - have i committed any criminal offence ? If at all wrong have been done - is to the bank, if bank asks me, i shall repay Rs.3500 withdrawn. was it so serious that advocates suggested brother - in - dispute to take advantage of the situation and got filed criminal complaint for forgery and cheating ?
2. how do i get the complaint shifted to civil nature from criminal filed ?
kidly assist.
4 Answers from Attorneys
Re: p/a holder signing after expiry of a/c holder
Not a very serious offence. You engage a local counsel.
Re: p/a holder signing after expiry of a/c holder
The power of attorney comes to an end with the death of the father. You as POA holder should not have operated the account. If the amount drawn by you after the demise of your father has been used for the family, reason out with your brother and request him to allow by gones be by gone. If still he proceeds with complaint of forgery, you can defend the same as done by mistake and reason out that after the death of your father, you are also his heir entitled to a share in his assets and you are prepared to pay the share of others. Unless you plead innocent mistake it is difficult to get out of the complaint of forgery. In any case, try to work out a compromise among family members. Bank may also find fault with you for having operated the account after the demise of your father. Honesty is always the best policy.
Re: p/a holder signing after expiry of a/c holder
Your offence may not be very serious; you may want to engage a local counsel where the case is pending.
Re: p/a holder signing after expiry of a/c holder
How many p/a were given by father for one account.Whose p/a is latest he would override the other.
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