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rajat garg   04 January 2017

Deseased father cheque case

hello everyone

my query is realting to the cheques issue by my father.my father died one year ago having huge financial debt,after his death people threatened us,my father issued lots of cheque to the persons which we dont know.i have below queries

what is the effect of these cheques on me,my mother and sisters??,as we have only house on the name of our father in which we are presently live.

liability towards me n my whole family??

as sumone asked me that one residential house is exempted from all debts,my query is that house is still on the name of my father,so can that house can be claim by other person if he is having cheque or hundis??

 

kindly help,i am in deep crisis,it will be so helpfull for me if all you suggest on this,thanks inadvance



Learning

 28 Replies

Kapil Chandna (Lawyer at Supreme Court of India)     04 January 2017

Sir, 

Nothing would be done against you guys so far as NIA is concerned. 

 

Warm Regards 

Kapil Chandna 

9899011450

 

rajat garg   04 January 2017

Kapil Sir NIA MEANS ?? KINDLY SUGGEST OUR HOUSE IS SAFE OR NOT ??

Kumar Doab (FIN)     04 January 2017

NIA; Negotiable Instrument Act.

The debt can be recovered from estate of deceased.

 

rajat garg   04 January 2017

So you mean anyone claim my residential house??we don't inherited any property from father,only a house is..and that house is still on the name of my father. Kindly clarify pls

rajat garg   04 January 2017

So you mean anyone claim my residential house??we don't inherited any property from father,only a house is..and that house is still on the name of my father. Kindly clarify pls

Sudhir Kumar, Advocate (Advocate)     04 January 2017

Originally posted by : rajat garg
So you mean anyone claim my residential house??we don't inherited any property from father,only a house is..and that house is still on the name of my father. Kindly clarify pls

 

Yes one can file civil suit for recovery on successors and if  you fail to pay een after loosing the case the same can be recovered by attachent of hous.

rajat garg   05 January 2017

Sir my question is can only residential house can be claimed??..we have no other property..only a single house in which we are presently live...kindly clear pls

G.L.N. Prasad (Retired employee.)     05 January 2017

If you are a Hindu and sharing any properties of deceased, you are liable to the borrowings of the deceased also in same proportion, and the borrowers can include your name as successors of deceased.

The first reply to you on NIA is about Sec.138, the criminal offense for bouncing of the cheque.  Once the depositor has expired, the legal heirs can issue a notice with original death certificate and intimate the death of deceased, and Bank returns the instrument with reason "depositor deceased" and as such cheques issued with date subsequent death date have no validity and thus you can not be held responsible for cheque bouncing cases.

The Hindu dharma says, the borrower who has expired leaving debts has to take the Janam of a Dog to serve the borrower.  The legal heirs to save their father from that Neecha Janam, has to pay the debts of the father as religious duty for Uttama Gati  so that  deceased  will not suffer out of the sins made by him.  (This is  religious.dharma on which the Hindu law was shaped)

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     05 January 2017

Children are liable to the debts of their parents, to the extent, the children inherited the assets from their parents.  In the instant case since the house is in the name of deceased father, the creditors can proceed against the property and recover to the extent possible.  Besides the above, the creditors have no right to proceed agtainst the children and their assets if any.  There is no such law where it is stated that one house is exempt from being proceeded against by the creditors of the owner of such property.

 

In case deceased father had issued cheques, no case under Section 138 of NI Act can be filed as the accused is not alive.  Section 138 normaly leads to filing of criminal case against the drawer of the cheque.  In criminal law the case comes to an end with the death of the accused.

1 Like

rajat garg   05 January 2017

Thank you for the clarity shivramparsad Sir So sir you mean creditiors have full right to claim the house.so in this case court order for the auction?? As half of the portion is on the name of my mother,so only half portion can be claimed by creditiors?? One more query sir,is it right after 3 years of the death of person no. One can file the recovery suit??

rajat garg   05 January 2017

One more query Sir,can we still transfer the house to our name??

rajat garg   05 January 2017

One more query Sir,can we still transfer the house to our name??

Kumar Doab (FIN)     05 January 2017

Son had pious liablity to pay debt of father.

Amendments to Hindu Succession Act lay down son is not liable for debt of father.

Wife ( your mother) is not liable for debt of husband.

Lendors can recover debt from estate of deceased borrower to the extent of estate of deceased borrower.

 

1 Like

Kumar Doab (FIN)     05 January 2017

As rightly suggested by Mr. G.L.N. Prasad, anyone from your deceased father’s family can inform bank about death.

RBI has also issued guidelines on Treatment of deceased depositor account.

Bank is under obligation to keep such guidelines in branch on its website and supply a copy without any cost.

However it shall be appropriate to approach your own able counsel at your location and spend quality time with all docs on record and inputs that you have.

Your own counsel can give you considered opinion on how good is the claim of person to whom cheque was issued, and what are your liabilities, and form a strategy to defend your interest.

Post death of father (Hindu Male); The estate left by Hindu male shall devolve upon equally upon ClassI legal heirs: Mother, wife, sons, daughters………………………

You can submit death certificate, legal heir affidavit/certificate to the authority/office/official under whose jurisdiction property falls sat; Patwaari…………………..to record inheritance.

Subsequently the legal heirs become owner of share and act like owners.

So first of all approach your own counsel with all record and act ASAP before anyone else.

 


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