Legal Question in Wills and Trusts in India

Cheque Forgery & Fraud :

Since my brother denied me any rights into my father's hereditary property after my father passed away, I filed a case in the High Court for getting my share of the property. My brother even denied me the access to all my important documents, contained in a briefcase which was in the safe custody of my father. He is now misusing those documents, including my bank cheque books to forge my signatures and depositing cheques in his name. These are bank accounts which have not been used for the last 10 years. My brother even may have gotten hold of some blank signed cheques which were returned by financial institutions whose loans I paid off and which were returned by registered mail to my father's address. Can he fill out those cheques in his name?

He is threatening to sue me by making up stories that he had given personal loans to me and my cheques are bouncing now. What can I do to protect myself?


Asked on 10/15/10, 9:19 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

this will be a case of your evidence not facts against his evidence not facts. Your case seems to be strong because the chk book has not been used for a decade which wud be reflected from the bank statement. you would still need to prove that chk bk was in briefcase for safe custody with father. Banks payment by you and their sending the blank cheques back to home is also a favourable evidence. Normally the bank wud cancel the chks before sending them back

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Answered on 10/15/10, 10:38 pm


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