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Savitri Kesariya   26 May 2021

cheques related

cheque was given to me one month ago and the account holder has died but the bank dont know, can I present the cheque in my bank ?


Learning

 8 Replies

Saura Patil   26 May 2021

Hello,

If the bank is unaware of the fact that the account holder who has given the cheque has passed away, it can clear the cheque. However, if the bank comes to know (either orally or in written) that the person has died it will return the cheque to you this is because the bank has to safeguard the account of the said person. 

I hope this helps!

Regards,

Saura Patil

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     27 May 2021

Was the cheque given to you a Post Dated cheque?

 

Once you have come to know that the Drawer of the cheque died, strictly speaking, in all fairness, the cheque should not be presented. 

 

You may have to approach the legal heirs for whatever amount that is due to you. 

Sankaranarayanan (Advocate)     27 May 2021

yes i do stand with Sivaramprasad ji reply, once you aware about his death then it is unethical manner to deposit the cheque . There fore better to discuss with the legal-heirs and try to get back your money with ethical manner as pointed by him is advisable

Real Soul.... (LEGAL)     27 May 2021

Originally posted by : Savitri Kesariya
cheque was given to me one month ago and the account holder has died but the bank dont know, can I present the cheque in my bank ?

it depends on as to in what context the cheque was given?

If it was for paying debt ..or for any EMI or any for any  likewise act . you have the right to get your money by presenting cheque as otherwise also that is recoverable from the property of person as debt.

If it was for future services which still un-served  or in likewise manner for any future act which  could not be performed  then legally and more so morally you should return the cheque.

you must clarify to get better advise...

G.L.N. Prasad (Retired employee.)     27 May 2021

If the cheque was given for valid consideration, immediately present the cheque without wasting time.   You can think of other ways after knowing the fate of the cheque.

T. Kalaiselvan, Advocate (Advocate)     27 May 2021

It would not be legally valid act on your part to present the cheque before bank for payment if you are aware of the fact that the drawer of the cheque has died.

A dead man's account becomes dead and the bank cannot honor the payment for the cheques presented to the account of the deceased person.

You have different options  under law for recovery of the legally liable debt of the deceased person, hence better avoid inviting trouble for yourself by indulging in such ultra vire activities. 

sneha jaiswal   28 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
If the bank is not aware of the fact that the cheque issuer died, then they may clear the cheque. But if in case, the bank gets to know that such person has died (either orally or in written) then they will return the cheque because the bank authorities have a duty to safeguard the account even after the account holder’s demise.
A Cheque is valid only for a period of three months from the date of issue and after that, it is invalid though deposited in the bank. yes, since you are owed the money, you can either cash the cheque that was issued payable to you or you can file a claim against the property or estate. The liability of a person after his death extends only to the extent of the assets he has or property standing in his name. However, if he leaves no estate or property behind him, then no one is liable to pay his remaining debts. 
Hope it helps
Regards,
Sneha Jaiswal
Law Student
 

P. Venu (Advocate)     28 May 2021

It is unethical to ignore the facts which you are in the know irrespective of the knowledge of the other person. 


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