Recovery of money

Naveen Kanth Dasari (Querist) 31 January 2018 This query is : Resolved
Hello Experts,
I need some suggestions regarding Money Recovery Suit.
Lets us assume A & B as persons. A issued two cheques to B as he has taken a hand loan of Rs. 1.35 Lakhs, however A promised to pay the said amount within 6 months but unfortunately A died without repayment of the hand loan amount. Now B approached the wife & children of A as they are the legal heirs of A and requested for the repayment of the said hand loan taken by A, however they posed deaf ear and upon several request made by B, the wife & children of A asked B to deposit the cheque issued by A in the bank for its encashment as A's account has sufficient amount, believing their version to be true B deposited the said cheque in his bank account but the same was returned unpaid for the reason Funds Insufficient, B again approached A's family but again they posing deaf ear. Now my query is can a Money Recovery Suit be filed making A's wife & children as party as they are the Legal Heir and also A's wife is receiving family pension but B does not have the knowledge of the Account Number.
Plz suggest.

Thank You.

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Kishor Mehta (Expert) 01 February 2018
(1) The cheques issued by a person become invalid after his death.
(2) You can claim to collect the amount from the estate of the debtor only if you can legally prove your claim.

Naveen Kanth Dasari (Querist) 01 February 2018
need more suggestion

Naveen Kanth Dasari (Querist) 02 February 2018
more suggestions

Dr J C Vashista (Expert) 03 February 2018
I agree with expert Mr. Kishor Mehta, the cheque amount can be recovered from the estate of deceased inherited by his LRs.
Account number of deceased is exhibited on the cheque itself.
Consult a local senior lawyer for better appreciation of facts and circumstances and guidance.

Guest (Expert) 03 February 2018
Sorry to differ with the views of Mr. Kishore Mehta. "Payment in due course" does not mean the due course ends with the death of the drawer. The due course remains valid up to the validity of the cheque, if otherwise the payment is in good faith and without negligence to any person in possession thereof under circumstances which do not afford a reasonable ground for believing that he is not entitled to receive payment of the amount mentioned therein.

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