LID TO BE BLOWN OFF

A gentleman died intestate leaving behind his wife and one married daughter and three sons.He had some fixed deposits with a nationalised bank.And suitable nomination was made in respect of two of his sons.
After the death of the gentleman,his wife became the the surviving depositor who also did not alter the nomination details.All the nomination form DA 1were jointly signed by  both the depositors and after the death of husband no other forms DA 2 or  3 were executed by the deceased wife to alter the nomination.The wife too died shortly after that.
Meanwhile one of the son and nominee of few deposits received a letter from  his brother containing a format for special power of attorney  in  favour of his sister  authorising her to withdraw the money from the bank.That brother who was away at that time to a far flung place from Kolkata signed it and sent it back by post.The specific power of attorney was Notorised in Kolkata at a subsequent date.The  bank(not our bank) paid the entire amount of the savings and fixed deposits amount on the basis of specific power of attorney without insisting for the signatures of all the legal heirs on the death claim form and without taking cognisance of the nomination to the daughter of the deceased/sister of all other surviving legal heirs. Now the moot question comes whether the action of the bank to make payment to a  person other than the person named as nominee on the basis of an unregistered power of attorney is correct especially in view of the following points:--
1 whether nomination can be superceded by an unregistered power of attorney?
,2.Even for argument's sake if the answer to the above is affirmative,whether the payment to a person other than that the one whose name was mentioned as a nominee is proper?
3.what does constitute the bank to discharge it's liabilities by making payment to the nominee or specific power of account holder and whether the signatures of all the surviving legal heirs are necessary?
4 what is the legal position of the nominee and legal heirs?whether the legal position of the nominee changes if the nominee is one of the legal heirs too!
5whether this is a civil case or a criminal case having criminality
6.whether the bank is liable to make the payment to the demanding nominee and if so what is the amount and whether interest at FD rate is to be paid from date of payment till redressing of the demand.who was and is supposed to pay tax on the interest amount from the date of payment I.e. specific power of attorney holder or legal survivors or the person who got it!
The case has not as yet come to a logical conclusion  but lot of things have been unearthed by making application under RTI. Act and the lid is expected to be blown off shortly making the lives of several bank officials miserable.Meanehile I post the same thing for the knowledge of my friends so that they do not become an innocent victim of friendship or  a part unlawful customer service. It is a very interesting case and likely to be investigated by the premier investigation agency of our country.
Meanwhile please read it and make your valued comments .we shall make you posted with the developments from time to time

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