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Appu (nil)     04 February 2011

blank signed cheque


Hello Sir,
I had spent about 10 lakh rupees for my wife's brother in law'(Santosh) i.e my wife's sister's husband cancer treatment and also for his personal expenses,considering on  grounds of love and sympathy towards him.I don't have any documents supporting the receipt of him for that money.Only I have a blank cheque but signed by him,which was given during his last days....But,he passed away on 21st of August,2009.
After his death,his wife assured that she will give the received money after selling the house and property.(Actually,as per the will of her mother in law ,house and property is assigned to Santosh.She thought that she will get the whole property,as she is the wife.....
He belongs to Christian Community and has no lineal discendants but kindred(i.e 3 sisters)...His father and mother are also deceased...The three sisters had received their share earlier from parents...
Now a civil case is running in the court between 3 sisters of him and Santosh's wife,which was actually filed by the 3 sisters after the death of their brother....I came to know that his land and property worth Rs.9 lakhs will go equally to his wife(i.e my wife's sister) and kindred(3 sisters),as per the Christian Succession Act,since the couple has no lineal discendants...
My wife's sister is willing to give her share,but as the 3 sisters is in opposite side,what should i do for getting my whole spent money???
Can you suggest that whether there is importance for blank signed cheque,if the drawer is deceased???
Is it necesssary the drawer only should write all the columns of cheque like payee's name,amount,date etc???
If others can fill the rest columns,whether wife can write in cheque or print electronically??
Can I file a civil case by producing the very cheque???
Reply as earlier as possible...


 1 Replies

M.S.Bhalerao (advocate)     05 February 2011


You can file a civil suit to recover money on the stregth of the cheque you are holding.

As per provisions of the  N I Act you can fill in the blanks of a duly signed cheque issued by drawer when he was leaving i.e before he expired.

civil suit to be filed as per the provisions of Limitation Act.

Good Luck

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