- This topic has 17 replies, 16 voices, and was last updated 1 year, 2 months ago by
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SHi everyone,
I’m in a difficult situation and would really appreciate any guidance or legal advice.My father passed away recently. He used to work as an accountant in a private organization. Now, some people from his office are visiting our home and claiming that my father was handling large sums of money (collected from clients or people), and they are accusing him of not depositing that into the company account. They say the amount is around 40–50 lakhs, and they are asking me and my family to repay this money.
Here are some facts:
• My father did not run the business — he was just the accountant.
• He passed away suddenly and we don’t have complete access to all his financial records.
• They are not showing any proper legal proof — just blaming him because he is no longer alive to explain.
• We are a middle-class family, and this kind of pressure is mentally and emotionally damaging.
• We are scared they might try to use illegal ways to pressure us since they are rich and powerful.My questions:
1. Can they legally make us responsible for my father’s dues or losses in the company?
2. Are children or family members liable for alleged fraud or missing funds if there is no will or estate?
3. What are our rights and how can we protect ourselves from harassment?
4. Should we talk to a lawyer or file a police complaint for protection?If anyone here has faced something similar, or if there are any lawyers here, I’d be so grateful for your help.
Thanks in advance.
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Clet them file FIR they have to prove it in court it will take years and if they are lying they will not go to court
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SYes, that’s what I’m hoping too — that they don’t take it legally because they have no strong proof.
But my biggest fear is… what if they use their money and power to take illegal steps?
Till now they’ve only spoken, but their influence and wealth honestly scare me. We’re just a normal middle-class family trying to stay safe in all this.-
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BIllegal steps to recover money can take more than 40-50 lakhs and even more time. It’s not like you have money in cash that they can threaten and take right away (I’m assuming). Honestly for someone who’s wealthy and has so much influence, it’s not a big amount. And secondly, are you sure they don’t owe your father money or if they’re covering up their own scams and using your father’s name? Then threatening might be empty and to scare you into diverting from whatever is the main issue.
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UIf your family did not gain 40-50 L suddenly as they claim, you are not really in any trouble.
But, regardless of the monetary situation, they cannot coerce you to something in any illegal manner.
Hopefully, your father’s estate(after death) is not huge enough to be placed as a claim on court. Even, in this situation, they need to produce proof of the said money (bank receipts or cash receipts).
So contact a lawyer, file a harassment case, or file a complaint against the said people in the female police station(with the help of a lawyer). Do not visit the police station without a trustworthy lawyer.
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SThank you for your response.
Actually, my father had a lot of loans during that year — he was handicapped, and from what I’m slowly understanding, I feel like they were using him as a scapegoat for the company’s losses. He wasn’t in a position to defend himself properly.We’re a very middle-class family with a lot already going on internally — emotionally, financially, and now legally.
These people are influential and wealthy, and that’s what scares me the most.
More than anything, I just want some reassurance that things will eventually be okay and we’ll come out of this safely.
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A>Are children or family members liable for alleged fraud or missing funds if there is no will or estate?
If there is no estate, family members are not liable.
If there is “any” estate like house / car / savings / fd; that estate is liable. If family members have availed of such estate (like claim money via nomination in bank account), they can be liable to extent of that amount.
>Should we talk to a lawyer or file a police complaint for protection?
Do not take any action, but do talk to lawyer to find out what actions can be takes as situation develops.
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PIt is pretty easy today to look under your father’s name for accounts and shares that he owns, I’m willing to wager that his company actually has benami accounts in his name or something to that effect.
For now claim ignorance, feign poverty and don’t be pressured into doing anything.
I would document everything, especially calls/messages, visits by office staff. Install a security camera at home, so you have proof.
You should also reach out to the highest authority at the company your father worked at, explain your situation and the threats you have received .
If you are ever forced to seek legal remedy, you should have proof that you did everything in your capacity to address the situation. -
S1) Assuming for argument sake that they are asserting a crime against your late father, there is nothing in law that can make you all liable or accountable.
2) Their course of action will be to make claim against the assets (money or estate) if any you all inherited. As long as they haven’t legally proceeded, don’t worry at all and ignore.
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