Deseased father cheque case

It depends on the type of document executed and terms.  There is no objection for mutation, as the property was not mortgaged, and it can be done at any time as per will or intestate or on legal heir certificate and other formalities as required.  But that transfer is also subject to final terms entered into agreement by your father.  If the debt is time barred, the court will not accept any claim /suit.  So allow things happen and then contact an advocate for contesting.  As informed by  Shri Kumar Doab, law is different from pious obligations of a son who wanted only property and not to share debts of father.  Atleast those members who advise will not give such advises against pious obligations.

The best option is to pay the whole debt to each lender and close the threats and future obligations.

This should be under expert guidance of a very able counsel so as not to leave any scope for future liability.

Collect details of all cheque numbers issued to your father by all banks and all cheques that are used or bouncd and are still unused.

Prepare a list and relate with every claim.

Ensure that NO unused cheque is left with anyone for future case.

 

 

 

Querist @ rajat garg,

Hope you agree to pay the debt on your father.

 

Kumar doab saab I am fully integrated to pay the debt if it's in my reach.my father commits suicide due to huge debt.so you can understand the condition of my family.most of the people who are having there cheques are fraud ones..so thats why I am taking advice here.

The creditors of your father have to produce documents and prove in a court of law that your late father owed the amounts to them independant of the cheques. Your father died one year ago. Cheques are not generally valid beyond six months.

It is clear that the lenders (licensed or unlicensed) that have lent on the strength of some cheques (on fair or unfair, legal or illegal terms) are and shall be breathing down the neck of successors. In fact as post of the querist they are threatening.

It has already been posted that inheritance can be recorded and post that successors acquire rights of owners and can act as they deem fit.

You may ASAP visit a very able and senior counsel at your location and defeat the case of fraudsters.

Yes, the legal heirs are liable for the debts of the deceased as to the extent of estate inherited. This could be realised only through the process of law. No criminal case under NI ACT lies. And a mere cheque may not sufficient for the creditors to establish their claim.

The debt can be recovered from estate of deceased debtor and with due process of law.

The so called lenders are threatening since they also know that by the process of law, they shall have to prove. 

Hence the pressure,threats.

Record inheritance and obtain latest Fard showing record of inheritance.

Visit your able counsel ASAP.

meet a lwyer with allpapers.

Dear Mr. Rajat Garg,

Have you been able to derive even a bit of a solution for your very simple problem out of 7 (seven) contradicting and confusing posts made by Mr. Kumar Doab as to what can be the precise remedy to your problem? I am sure, you would have been confused more than extracting anything towards solution to your problem.

At first, Mr. Kumar Doab stated, “NIA; Negotiable Instrument Act. The debt can be recovered from estate of deceased.” But did not state on what specific grounds.

Thereafter, when you asked, “can we still transfer the house to our name??” “ Mr. Kumar Doab, instead of replying to your question, vaguely tried to make you more confused with his statement, “Son had pious liability to pay debt of father.” NOT ONLY THAT, side by side, he made a contradictory statement, “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.”

Still not content to the extent of making you already confused, he again stated, “Lendors can recover debt from estate of deceased borrower to the extent of estate of deceased borrower.” But could not clarify, how they can snatch your father’s property automatically and for which types of their debt.

Still further, he tried to sidetrack your issue to the RBI guidelines on maintenance of deceased accounts, etc., BUT SIDE BY SIDE, HE DID NOT FAIL TO ADVISE YOU “to approach your own able counsel at your location and spend quality time with all docs on record and inputs that you have,” with another contradictory advice, “The best option is to pay the whole debt to each lender and close the threats and future obligations.” THE QUESTION ARISES, IF HE WANTS YOU TO PAY THE WHOLE DEBT, WHAT FOR YOU SHOULD WASTE YOUR QUALITY TIME WITH SOME LAWYER BY PAYING HIS FEE ALSO?

BUT SEEMINGLY STIOLL NOT CONTENT TO CONFUSE YOU SO MUCH, HE MADE ANOTHER CONFUSING STATEMENT, “The debt can be recovered from estate of deceased debtor and with due process of law. The so called lenders are threatening since they also know that by the process of law, they shall have to prove.”

THUS ALL THAT MAKES CLEAR THAT HIS HIDEDEN INTENTION IS TO COMPEL YOU TO ASK HIM THROUGH PRIVATE MESSAGE, HOW TO WRIGGLE OUT OF SUCH A CONFUSING STATE OF AFFAIRS.

Apparently, as of his habit, he has made a bid merely to confuse you so much by complicating your issue by his altogether vague, wrong and irrelevant advice.

As usual in several other cases also, with his multiple posts, Mr. Kumar Doab has created utter confusion in your case also to make your problem much more complicated than providing any specific solution.

In other words, besides creating complication in your problem by misdirecting you with his wrong advice, he has tended merely to waste your time and energy by unnecessarily loading you with multiple contradictory junk ideas, irrespective of whether you are able to get any clue to solve your problem or not.

God knows with what of his hidden intention he has tried to misguide you towards a very wrong direction.

EVEN OTHERWISE ALSO, you cannot expect any legitimate advice from a person, who always appears with a fake identity, as he has not shown his real name, photo and location in his profile. HE ALWAYS APPEARS WITH HIS FAKE IDENTITY, NEVER COMES FORWARD WITH HIS REAL NAME, PHOTO AND LOCATION PLACE. He has very openly refused to come forward with his real identity (name, photo and place of his location) at his LCI profile, even on several repeated requests.

EVEN on your specific advice to reveal his identity, he won’t oblige you to reveal his REAL NAME, PHOTO AND PLACE OF LOCATION. FOR EXPERIMENT SAKE, YOU MAY LIKE TO TRY your luck. I AM SURE, HE WON'T do that.

If an expert, he should not have felt the need to hide himself. Probability of a person hiding himself can be with the following reasons:

• Either he can be a criminal; OR
• A fraud; OR
• Cannot be an expert, but only be acting as a tout of some lawyers on commission basis to first to confuse the person struggling with a problem by making his problem more and more complicated, then recommending him about any one of the lawyer for whom he may be working.

You may like to see some examples, where Mr. Kumar Doab tried to make the problems complicated by side-tracking the issues to quite a different directions.

FOR EXAMPLE Mr. Kumar Doab confused the authors of a problem pertaining to "wife's share to property" but loaded with his HUNDREDS OF PAGES of google searched irrelevant junk material consisting of amendment of Goa Educational Rules and an Act of succession after death of the owner, while the person was still alive. You may like to see that by opening the link: https://www.lawyersclubindia.com/experts/Wife-s-right-to-share-in-property-in-Goa--626526.asp 

A question arises, when the problem did not have even a remote concern with education in Goa, for what purpose that link was provided?

ANOTHER EXAMPLE can be seen in the problem of the author concerned with “purchased property without sale deed”, but Mr. Kumar Doab gave the colour of adverse possession due to that even the experts could get misled and concentrated their advice about adverse possession of the property. The same can be seen at the link: https://www.lawyersclubindia.com/experts/Notary-land-documents-625956.asp

There are several such type of examples where he used to misguide the members with his wrong advice.
 

Hii, There are two things which i want to bring it to your notice . 1.) as for the Negotiable Instruments Act u/s 138 filing of cases aganst you  and your family is ruled out. You have not stated whether your father has issued the cheques with the date and amount specified on thwe Instrument ( cheque). In case of specifying the date as per the N.I. Act the instrument is bound by limitation Act i.e. the validity of such instruments issued has a three month validity, Hence of the date has been specified by the deceased there is no validity of those instruments so issued.

2.) They still can file a  "RECOVERY SUIT"  from the Legal heirs/ Legal representatives i.e you and the rest of your family members which will be as oer the Civil Procedure Code. 

 

 

Dear LCI Querist @ Mr. Rajat Garg,

You may carefully go thru inputs from Mr. Solomon Raj.

Dear LCI Querist @ Mr. Rajat Garg,

 

Dhingra has been abusing querist/authors/members/experts at LCI.

Many times many querist/authors/members/experts wrote that Dhingra must not reply or post in their threads/posts.

His abusive,indecorous, intolerable conduct, jealousy,frustration, can be seen in threads kept by LCI under his profile in both Forum/Experts sections.Hit itch to abuse,litter nuisance has been insatiable.

Like many others I have ignored, avoided him in endless number of threads.

He was earlier excused,ignored,avoided since at LCI we show huge and great tolernace that is not shown in other Forums and also due to the picture of a very old man that he shows.

 

He has even ridiculed,contempted Chief Justrice of India, Supreme Court of India at:

 

https://www.lawyersclubindia.com/experts/Not-giving-appointment-though-supreme-court-order-628036.asp

 

He has hurled pure insult to expert Mr. Sudhir Kumar, recently also at:

https://www.lawyersclubindia.com/experts/Pf-nominee-626991.asp

He has habit of publishing the Personal Messages, emails that anyone might have sent to him.

 

Although you are occupid in your own issues and everyone (other than Dhingra) has been exerting to help, you may go thru the information published  and retained by LCI under his profile.