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Abhishek Kumar (Vusiness)     21 December 2014

Father died after issuing a cheque to a third party

Hi All,

 

Greetings!

 

My father issued a cheque to a person and that was a blank cheque and did not mention the date. Last year my father died. We went to bank and ask the bank to close the account. The bank first stopped all the previously issued cheques and closed the account. The property in the name of my father has been transferred in my mother's name.

Now what will happen if the person deposit the cheque in my father's account given the fact that cjeques are stopped and the account had been closed. He died two years ago,

 

Kindly let me know the legal aspect of this as that person is saying that he does not have that cheque...he says he misplaced that. If he deposit the cheque and want to initiate a legal action...what are the liabilities for me. Please note that my father did not mention the date on that cheque.

 

Best regards

 


Learning

 3 Replies

Hardeep (Business)     22 December 2014

If the Cheque was given against a " legal debt " and the same can be established, the heirs are liable for the same, to the extent of the estate of the deceased.

 

Without cheque the person does not have a case , unless he has other documents to prove there was a loan.

 

Further, the legal heirs cannot be prosecuted under section 138 of N.I.Act. The complainant can proceed only under the civil law for recovery of the amount against the properties in the hands of the legal heirs.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

1 Like

T. Kalaiselvan, Advocate (Advocate)     25 December 2014

Your this question which was posted by you in another thread was very properly addressed by many persons, you may visit that thread for knowing more answers.

1 Like

(Guest)

You need not bother, if he is unable to establish his claim. No legal implication for the time being in the absence of dishonour of cheque.


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