cheque

Querist : Anonymous (Querist) 24 November 2009 This query is : Resolved
can i claim the amount of cheque from the legal heirs of the drawer of the cheque.

The Drawer of the cheque has died before the maturity date of the cheques.

The cheques were post dated and the date on the cheques is a date after the death of the drawer.
i.e if darwer died in june 2009 the date is of july 2009.

I dont have any document in support of cheques to prove that why they are issued.

moreover please tell me what the drawer legal heirs can do to evade themselves from this liability.

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A V Vishal (Expert) 24 November 2009
Narrate the complete facts of the case.

Querist : Anonymous (Querist) 24 November 2009
cheque

Adinath@Avinash Patil (Expert) 24 November 2009
GIVE DRTAILS OF CHEQUE WHY YOU RECEIVED POST DATED CHEQUE FROM DRAWER IS THEIR ANY TRANSACTION.

adv. rajeev ( rajoo ) (Expert) 24 November 2009
Your question is incomplete. It is not clear for what purpose cheque was issued etc.,
In my opinion u cannot claim the cheque amount from the legal heirs.
When a person who has issued a cheque dies then his a/c will automatically stopped question of cheque returned with dishonour memo does not arise.

Raj Kumar Makkad (Expert) 24 November 2009
Criminal case cannot be filed but definitely you can file a suit for recovery against the legal heirs of the deceased.

Sachin Bhatia (Expert) 24 November 2009
You can not file case u/s 138 of N.I.Act, but you can file suit for recovery.

G V S Jagannadha Rao (Expert) 24 November 2009
I agree with Mr. Raj Kumar. A suit for recovery of money is certainly maintainable against his legal heirs.

Silabhadra Sastry Advocate (Expert) 24 November 2009
No case can be filed against a dead man either in civil or criminal as it is a nullity.but you can file a money recovery suit against the other members of said family if they have got liability and you have got documents to prove against them.Silabhadra Sastry,Advocate,Bhubaneswar

prakash vathore (Expert) 24 November 2009
hi, 138 dose not attract in ur matter but certainly u can file a civil suit for recovery of money in which his heirs can b joined as the party.

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