My cousin brother has recieved a document in may 2020 from bank after the death of my uncle (,Intimation to nominee for death claim by submitting death certificate ) in accounts held by mu uncle Bank mentioned all accounts in that letter in which my brother was the only nominee and by mistake also mentioned an HUF account in which he was the only coparcener My brother transfered the funds from those accounts to his account after confirming from branch manager as we was nominee in these accounts and karta in HUF account on confirming that he will submit the death certificate asap after covid restrictions are over ( he has also recorded the approval from the manager) His sister has registered a case against him claiming his share in the funds of my uncle, where as my uncle has willed his all assests in name of his grandson making my brother custodian till his grandson will be 21 years old When the police approached bank and inquired how they gave the intimation to niminee letter in HUF account, bank refused to accept that the document was send by them as it was not on bank's letterhead His brother in law by giving bribe to police implicated him in case of forgery under section 406, 467,468, 469 and 471 on pretext that he has forged the document to show that he is nominee in HUF account Now the case is in reinvestigation and we need advice on which points or sections or old judgements, we can give to the investigating officer for quashing the sections of forgery Also confirm does he enjoys equal power to transfer funds as nominee or as karta (he was the only nominee and only coparcener in accounts)
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1) Who has signed the letter on behalf of bank .?
2)letter must be mentioning designation of person signing the letter
3) said signature should be referred to hand writing expert whether it matches with his signature on other documents
4) if bank has sent such a letter then no case of forgery is made out
5) it is necessary to peruse letter to advice further
The IO cannot quash the case or the sections of IPC, he can remove certain sections of the charge sheet if he finds them not to be maintainable after investigation.
This is a matter of trial.
The judgments canot bind the IO or the police, it can be used only before court when the case is put for trial.
Under 482 crpc quashing application can be filed in HC
Police has no power to quash the case but if after investigation if it finds no cognizable offence to have been committed then it can close the case.
You need to produce proof or facts acts before the Police than the old case laws to get rid of this.
If the Police submits charge sheet then you can go for quashing.
- As per banking rules , if there is nominee in the account, then the bank will pay the amount to the nominee, just after submitting certain proofs of his identity.
- A nominee is not essentially the legal heir of the deceased . A nominee and legal heir can be different individuals.
- Further, if there is dispute, then the bank may ask for Succession certificate from the court, and for getting the this certificate and direction to receive the amount, she should file a petition before the court.
- Since, your cousin brother was a nominee in the account , then he was having to withdraw the amount from the bank without the permission of the other legal heirs , however a nominee acts as a trustee of sorts, entrusted with the assets until they are rightfully transferred to the legal heirs or beneficiaries.
- Hence, by this way he has not committed any offence to take amount from the bank , and others claims in the said fund is a different matter
- If he was not aware about the said Will then there is no commission of offence by him , however other legal heirs has right to claim his respective share in that fund.
- He can settle the dispute amicably and approach the High Court for quashing the FIR.
Dear Client,
Nomination and inheritance are two different legal concepts. When someone is nominated as a beneficiary, it means they have been chosen by the account holder to receive the funds in the event of their death. Inheritance, on the other hand, involves the legal transfer of assets according to a will or intestacy laws. Your cousin brother was nominated as the beneficiary of the accounts, and the will clearly designates him as the custodian of the assets until his nephew reaches 21 years old. This shows that your cousin brother's actions were in accordance with the wishes of your late uncle. The bank confirmed your cousin brother's authority to transfer the funds from the accounts, including the HUF account, indicates that he was acting within his rights as the nominee and coparcener. If your cousin brother recorded the approval from the bank manager regarding the fund transfer, it serves as evidence that he acted in good faith and with the bank's authorization. This can support his case against the forgery charges. While the document in question may not have been on the bank's letterhead, it's crucial to establish its authenticity. Your cousin brother should provide any evidence that supports the legitimacy of the document, such as email correspondence or witnesses who can attest to its validity.
