Recovery of money

BHARTI KOTHARI (Querist) 28 April 2017 This query is : Resolved
sir I entered in deal with a person who told that her mother wants to sell her premises and accordingly deal was done. he told since the mother is the owner deal will be done in her name and accordingly i paid Rs. 9 lakh by cash to him and 50000 in his (son) account and he has executed agrement to that effect in the name of his mother and me. later he refused to deal and has given me cheque signed by his mother however it get bounced so i filled complaint against his mother( signatory to cheque) however all the allegation like deal, acceptance of cash amount, issuance of cheque were made by me against his mother. now she expired and complaint abated so I fill civil suit against his son explaining why I have not disclose his name in the complaint. now I want to know weather son is liable for his mothers debt?

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Guest (Expert) 28 April 2017
Madam your self being an Advocate it is surprising to receive such an Query from your self.First you could file an Specific Performance Suit to complete the deal along with a petition to Stay all the proceedings related to the Property.Even in Vacation Few of the High Courts would be functioning for such Urgent Matters.If at all you are Not Interested in the Property Sec 138 could be filed against the Son who had paid the Cheque which had bounced on behalf of his mother enclosing all the evidences for which it had been paid including his mother also as accused A2.Preferably the First Option Specific Performance Suit with Stay application would fetch you a Speedy Remedy.

Kumar Doab (Expert) 28 April 2017
Did the lady sign on agreement and cheque in your presence!

BHARTI KOTHARI (Querist) 30 April 2017
hello sir all document were signed by her no where his son has put his signature. now trouble is that she expired peding 138. now weather the son is liable for the debt of her mother?

Rajendra K Goyal (Expert) 30 April 2017
Son of deceased may be liable to pay debts of his parents to the extent he received / inherited share in the estate of the deceased.

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