Civil Procedure Code (CPC)

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Recovery suit on death of cheque issuing person

Querist : Anonymous (Querist) 28 September 2011 This query is : Resolved 
Sir/Madam
can i file a recovery suit on father of that person who issued me cheque. i has made a complaint under sec 138 within limitation period but after three years the man issuing cheque was dead on 16 sep2011.now more than three years passed and that man was single, he has no self made property or any other bank balance but he was a member of joint property family.all property is made by father of grandfather of his person.please help
Shastri J.K. (Expert) 28 September 2011
You can file a recovery suit,against his share property.
ajay sethi (Expert) 28 September 2011
what do you mean all property is made by father of grandafther of this person .?

do you mean great grandfather . ?

since accused has died the proceedings under section 138 abate .

since he did not have any bank account or any property in his name difficult for you to realise your dues by suing his legal heirs in civil court

for filing recovery suit you will have to prove that he had a share in ancestral property .
Sankaranarayanan (Expert) 28 September 2011
yes file a suit and can recover your amount
Raj Kumar Makkad (Expert) 28 September 2011
3 years have already passed so limitation for filing civil suit for recovery has expired. Legal heir of single deceased shall be his parents. So you may file if you ge condonation of delay.

Recovery is last resort to be seen at the time of execution. Filing of suit shall definitely pressurize the parents of deceased and possibilities of compromise cannot be denied in that event.
Guest (Expert) 28 September 2011
Agree with Shri Raj Kumar Makkad.
Shailesh Kr. Shah (Expert) 28 September 2011
I also agree with Shri Raj Kumar Makkad.
Advocate Bhartesh goyal (Expert) 28 September 2011
Mr Makkad is absolutely right.
prabhakar singh (Expert) 29 September 2011
None but only Mr.Makkad of has taken true pain to read the query ,hence he also understood it well and advised correctly.At present,sorry gentle men ! you have lost your right to enforce it by court and things are on complete mercy and honesty of heirs whom you can only persuade without right.
Querist : Anonymous (Querist) 30 September 2011
thanks to all.thanks a lot.


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