Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Father died after issuing a cheque to a third party

Page no : 2

bbratnam (nill)     21 December 2014

వెంకట సుబ్బయ్య గారు మీరు ఎక్కడ ప్రాక్టీస్ చేస్తునారు??

Abhishek Kumar (Vusiness)     21 December 2014

Yes we paid to the bearer of the cheque. He is my father's colleague. In fact we are about to pay him 4 lacs more as 4 lacs already we have given to him. There is no written thing . My father took loan on intrest and we settled on 8 lacs after his death. he also agreed. So we have paid him 4 lacs and now we need to pay him more 4 lacs. So should we do an alternate paper work mentioning that after this there will not be any obligation on us. As it is a blank cheque.  The account is closed. So should we somehow procure the cheque  as the name is also not mentioned on that cheque. After taking the money he may handover the cheque to anyone as name is not mentioned on the cheque.

 

Best regards

 

Originally posted by : venkat subbaiah


Sir,

You said that you paid the amount to that person. who is that person, is it the bearer of the Cheque?

If it is the bearer of the Cheque then you can prove valid discharge of the debt obligation if have evidence of paying off Rs. 8 lakhs to him. Still the Cheque in the hands of that person holds good until you dispose it of in a proper manner. Bearer Cheque is always a risk upon our head sir. 

also please check whether the debt owed by your father to the bearer of the cheque is within the limitation. If the Debt is not within the limitation then it is a time barred debt and a time barred debt cannot be enforced in a court of law.

Abhishek Kumar (Vusiness)     21 December 2014

He may argue that my father gave him the cheque before his death and it was date today or next month. 

Originally posted by : bbratnam

As you mentioned Validity period of a Cheque will be counted from the date mentioned on the Cheque. The diseased person should have issue that said cheque before his death. How any one will claim that was issued recently after the death of the A/C Holder?

Abhishek Kumar (Vusiness)     21 December 2014

Yes we paid to the bearer of the cheque. He is my father's colleague. In fact we are about to pay him 4 lacs more as 4 lacs already we have given to him. There is no written thing . My father took loan on intrest and we settled on 8 lacs after his death. he also agreed. So we have paid him 4 lacs and now we need to pay him more 4 lacs. So should we do an alternate paper work mentioning that after this there will not be any obligation on us. As it is a blank cheque.  The account is closed. So should we somehow procure the cheque  as the name is also not mentioned on that cheque. After taking the money he may handover the cheque to anyone as name and date is not mentioned on the cheque.

 

Best regards

bbratnam (nill)     21 December 2014

Not claims possible on a deceased person in this regard.

 

bbratnam (nill)     21 December 2014

First get a Death certificate of your father's from the competent authority.

Abhishek Kumar (Vusiness)     21 December 2014

Originally posted by : bbratnam

Not claims possible on a deceased person in this regard.

 

Thank you Mr. Ratnam

bbratnam (nill)     21 December 2014

Are you having the Death Certificate?

Abhishek Kumar (Vusiness)     21 December 2014

Originally posted by : bbratnam

Are you having the Death Certificate?

yes we have that

bbratnam (nill)     21 December 2014

Okay no need to worry.

G.L.N. Prasad (Retired employee.)     21 December 2014

You have mentioned pieces of information in several posts revealing one fact after another.

1.Fundamental thing is that once the account is closed, irrespective of when the cheque was issued, the cheque will be returned with the words "Account closed:

2. It is the responsibility of payee, to present the chque within reasonable time, and if he presents even after learning death of your father, then his intentions may not appear good in the eyes of law.

3.Here legal aspect is different from moral aspect, and one should not resort to evasion/cheating exploiting other person's goodness and weakness, as your father has believed him by issuing a blank  cheque, and he reciprocated your father's faith on him by not presenting it.

4.Forget every thing, in the name of your late father, what ever has to be done to other person, do it with all sincerity instead of  exploring ways to evade moral responsibility with legal protection, as your late father's expectations are involved in this, and as a son you have to adhere to morals and principles.

5.As far as law is concerned it is on your side and the other person can no do any thing as burden of proof  and establishing the same with evidence is on him.

Abhishek Kumar (Vusiness)     21 December 2014

Thank you Mr. Prasad...

As mentioned we have agreed to pay him and infact half of the sum paid through my account (bearer cheque). I did not understand the last point that you have made:

5.As far as law is concerned it is on your side and the other person can no do any thing as burden of proof  and establishing the same with evidence is on him.

It is....... can not do anything or can do anything......... if his intentions become bad.  Please let me know.

Best regards

 

 

Originally posted by : G.L.N. Prasad


You have mentioned pieces of information in several posts revealing one fact after another.

1.Fundamental thing is that once the account is closed, irrespective of when the cheque was issued, the cheque will be returned with the words "Account closed:

2. It is the responsibility of payee, to present the chque within reasonable time, and if he presents even after learning death of your father, then his intentions may not appear good in the eyes of law.

3.Here legal aspect is different from moral aspect, and one should not resort to evasion/cheating exploiting other person's goodness and weakness, as your father has believed him by issuing a blank  cheque, and he reciprocated your father's faith on him by not presenting it.

4.Forget every thing, in the name of your late father, what ever has to be done to other person, do it with all sincerity instead of  exploring ways to evade moral responsibility with legal protection, as your late father's expectations are involved in this, and as a son you have to adhere to morals and principles.

5.As far as law is concerned it is on your side and the other person can no do any thing as burden of proof  and establishing the same with evidence is on him.

G.L.N. Prasad (Retired employee.)     21 December 2014

In absence of evidence through document or atleast some circustances, the other person can not do any thing, and as a son if the dues are of your father, it is moral on your part to settle it and obtain full settlement deed to avoid further complications if any.

Abhishek Kumar (Vusiness)     21 December 2014

Thank you Mr. Prasad.

 

Originally posted by : G.L.N. Prasad


In absence of evidence through document or atleast some circustances, the other person can not do any thing, and as a son if the dues are of your father, it is moral on your part to settle it and obtain full settlement deed to avoid further complications if any.

T. Kalaiselvan, Advocate (Advocate)     21 December 2014

There is no question of any claim based on the blank cheque issued by the person who is no more living.  Your query seems to be more academic than a discussion about the real thing.  Your father is reported to have died two years ago and any cheque which is dated a date before that is not valid in the eyes of law, if it is dated at a recent date,the drawee will be held for the offences of cheating by fabricating the instrument.  Even a civil case cannot be filed on the basis of a cheque which was not presented to the bank for encashment on its due date.  So better do not post such academic queries to update your knowledge, read the law books to get the first hand information on the subject.


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