Change of status of proprietor

Akshay (Querist) 09 January 2013 This query is : Resolved
An interest bearing sum was advanced to an HUF who was a proprietor. There was some reconstitution and the business was then carried on in the name of the Firm. The karta of the HUF who was also a partner in the reconstituted firm issued a cheque. This cheque was dishonoured and the karta died. who is liable to pay back the amount.what steps can be taken to recover the amount?

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ajay sethi (Expert) 09 January 2013
legal heirs of the karta . you will have to file civil procedings for recovery of cheque amount .whether cheque has been issued on behalf of firm ? if cheque for repayment has been issued from firm accunt you can recover from the firm . contact a local lawyer

Raj Kumar Makkad (Expert) 10 January 2013
Criminal case cannot be filed against any of the legal heirs or members of HUF or other associates of that newly constituted firm but civil suit for recovery can very well be filed against all the legal heirs and even against the firm and HUF jointly and severally.

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