Upgrad LLM

deceased father signed in blank cheque and promissory note


Hi Experts,

This topic was dicussed in earlier posts . but i do have soem additional questions 

 

My father passed away in March 2017 . he had once got a debt of Rs. 400000 from his friend and gave him back in May 2015 which i know of. My father did not get the docs signed by him back (signed blank promisory note and blank cheque) . Now his friend once (he was not in good terms with my father during his death) is claiming that my father did not give back the money and asking us to pay that money to him with interest and he is asking us to sell the property which i inherited from my father and give his money back with interest .

i personally earned and saved my fathers property (house) as we had other loans etc . i transfered it to my name only after his death. even now, the house docs are at bank for which I am paying loan .so morally its not inherited property, its earned property . I am mentioning this as in other posts it has been mentioned that son is liable to pay off father's debts.

 

What if his friend submits the signed docs? Is that first of valid before getting into a discussion of son paying of fathers debt? (father passed away 8 months back)

 

 

 

 
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CEO

The signed cheque becomes null and void after the death of the signatory. The person has to produce a tangible evidence of having loaned the money to your father besides a blank signed promissory note to prove his claim.
 
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Retired employee.

Ignore and wait for move from opposite party.  The Bank can not honor any transactions after the death.  Further he has to establish the necessity and such modes of payment to your father, which si not easy.  Have patience and defend depending on the plaint averments in the court.  It is not that easy to recover.

 
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