| : Me and my brothers lived in a joint family. Due to some misunderstandings we got seperated. we also divided our assets and liabilities. During the time we are living together we gave Rs 35 Lakhs to some other party. Since we are being seperated now, i told my brother to give me only Rs 2.5 lakhs instead of sharing that 35 lakhs between us, and he agreed and issued a post dated cheque for Rs 2.5 lakhs which is dated after six months. After the said period of 6 months, when i tried to present the cheque for payment, he gave me a notice that since he was unable to collect a single rupee, he told me not to deposit the cheque in the bank. he also mentioned in the notice that he would issue a new cheque for above said amount with out any date mentioned on the cheque. My query is that can i sue my brother by depositing that cheque in the bank or since he issued a notice expressing his unwillingness to pay the amount i cannot sue against him? Please Resolve my Query as soon as possible. |
