- This topic has 3 replies, 2 voices, and was last updated 1 year, 3 months ago by
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SHello,
My father recently passed away, and now his former office is accusing him of financial fraud. He was an accountant at a local private bank that provided loans to poor people. The bank reportedly suffered a huge financial loss, and now they are claiming that my father “ate” ₹1 crore.
• There is no clear evidence they have provided yet.
• They are pressuring my family to sell our assets (house, car, etc.) to repay the alleged loss.
• They are rich and influential people, and I fear they may create fake proofs against my father.
• We are not sure what went wrong in the company, but my father was a good and honest man.Legally, my family (my mother and I) should not be responsible for his office-related financial matters. However, we are scared of legal trouble, threats, and social pressure.
I need advice on:
1. What legal rights do we have to protect ourselves?
2. What should I do if they try to force us into paying?
3. How do I verify whether their claims are real or fake?
4. Should I file a police complaint if they threaten us?
5. What legal steps should I take next to ensure my family’s safety?I would really appreciate guidance from experienced lawyers or anyone familiar with such cases. Thank you.
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BVery sorry for your loss.
You and your mother are not personally liable for any alleged misconduct or debt related to your father’s work. Under Indian law, if the bank genuinely believes there was financial misconduct, they must establish it through proper legal proceedings. Even if they succeed, they can only recover from the estate left behind by your father, and only to the extent of that estate. Your personal property or future income cannot be taken unless you voluntarily agree to take on such liability, which you are under no obligation to do.
If they are pressuring you to sell your house or other assets, you should not give in unless they provide documentary proof of their claims and obtain a court order. If they harass or threaten you, you may consider filing a police complaint for criminal intimidation. Under Section 351 of the BNS, threatening someone by making imputations against a deceased person can constitute criminal intimidation if it is done with the intent to cause alarm to the family. The law also recognises that imputations made against a deceased person may amount to criminal defamation if the statement would have harmed the person’s reputation while alive and is intended to hurt the feelings of their family. This is covered under Section 356 of the BNS.
I would suggest preserving all communications, including messages and call records, and consulting a local lawyer. A legal notice asking them to cease harassment and to pursue their claims lawfully, if they believe they have any, may help put an end to this pressure.
I am a lawyer based in Delhi and would be happy to help further if you need support.
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SThank you so much for your response. Your advice has given me some peace of mind during this difficult time. I truly appreciate your help.
I also wanted to mention that my father didn’t really have any assets in his name—everything belongs to my grandfather. He had already surrendered all his life insurance policies, so I believe he must have faced financial trouble at some point. Being a handicapped person, he couldn’t defend himself when they all blamed him. The immense pressure and stress led to a sudden heart stroke, and we lost him.
The only thing left for us is this car, and I’m planning to rent it to cover my college fees. The loan on it was fully paid off. If I transfer it to my name now, will it be legally safe from any claims related to his personal debts or the allegations from his office?
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BThe car is indeed part of your father’s estate. That means it belongs to the property he left behind and, by law, passes on to his legal heirs, such as you and your mother. However, just because the car is part of his estate does not mean that anyone can take it away from you merely by making allegations. If someone believes your father caused them a financial loss, they are required to prove it in a court of law.
Until a court passes a specific order, you are within your rights to transfer the car to your name as part of your inheritance. Using the car for rental income is also entirely lawful. It does not expose you to legal risk unless you were involved in any wrongdoing.
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