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Dawinder Aulakh   20 June 2017

Blank cheques of dead person

We purchased grocery for a marriage in 2012 and gave my grandfather's blank cheque for the purpose of security. And after that we paid the entire amount by cash and forgot to collect the cheques. My grandfather expired in 2016 almost 9 months ago. And now that person taking the advantage of my died grandfather cheques and blackmailing us to give money otherwise he'll file a suit against us. Please help me.note that my grandfather died in 2016 and he didn't do anything till now but now he is blackmailing


 10 Replies

Adv. Vaishali Harish Gore (job)     20 June 2017

dont worry the second party is also in fault, so can not take any legal action aginst you

1 Like

Soumya   20 June 2017

He cannot do anything with the blank cheques unless they are dated to before your grandfather died, and even so, cheques have a validity of 3 months so it is his fault if he did not encash them. He cannot fill in details which would make the date of the cheque appear to be after your grandfather's death, and since he died in 2016, anything prior would be invalid. However, he can bring a recovery of money suit against you unless you obtained a receipt from him for the cash you paid. 

1 Like

Dawinder Aulakh   20 June 2017

they have blank cheques of my grandfather without any date. my grandfather died 9months ago

Dawinder Aulakh   20 June 2017

i didn't get any receipt because it was like a food stuff of a marriage like masalas etc

Soumya   20 June 2017

Sir do not worry, there will be no problem. 

As I stated before, even if the cheques are undated, they can only date them to before your grandfather died. Cheques have a validity of three months, so if they did not encash it in that period, then it is their own fault. 

Furthermore, even if you do not have a receipt, in such circumstances they would not initiate any case against you.

Finally, the blackmail wont work because those cheques are now worthless pieces of paper since it has been more than 9 months since your grandfather passed away. If they continue bothering you, file a police complaint against them and let the police know that they are attempting to blackmail you with your grandfather's cheques. However, I would leave that as the last option, as no harm can come to you from those cheques. 

1 Like

Dawinder Aulakh   20 June 2017

thank you soo much :))

Advocate Suneel Moudgil (Advocate)     21 June 2017

Properly advised by Saumya ji, 

you need not to worry, however a civil suit for recovery can be filed against the legal heirs of your grandfather but chances are on lower side but as a precaution you are adised to get reciept, if possible.

also clarify whether the cheques are in his name or in the name of his grocery store? is it one cheque or more than one?

1 Like

Dawinder Aulakh   21 June 2017

four old blank cheques. in old format. the all cheques are blanked even date is not there

Dawinder Aulakh   21 June 2017

the grocery received in 2012 and recovery period is three years?? which is expired??

Dawinder Aulakh   21 June 2017

the shopkeepers relations with us was like a family but now he showed his real face after the death of grandfather

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