What is the time limit to file case for withdrawal of retirement money without consent?
My father was a retired employee. After his death, the retirement amount was transferred to his bank account. The nominee withdrew the amount using an ATM without informing the bank. However, we are the legal heirs. Is there any time limit to file a case in court? Please advise. Thank you.
Dear Client, Under the Limitation Act, 1963, you generally have 3 years from the date you became aware of the unauthorised withdrawal or from when the nominee refused to hand over the money to file a civil recovery suit. In addition, you may also pursue a criminal complaint for misappropriation or breach of trust, where the limitation is less rigid. I hope this answer helps. For further queries, please don’t hesitate to contact us. Thank you.
You have the right to claim your father’s retirement money as a legal heir. The nominee is only a caretaker, not the owner. You generally have 3 years from the date you came to know of the wrongful withdrawal to file a case. Best option is to send a legal notice and seek a succession certificate. For further legal assistane contact us on our helpline number.
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