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Shreenath
(Querist) 11 July 2012
This query is : Resolved
Hello Team,
My father in law gave 30000 rs his friend. He had given 2 blank checks(his friend just signed)in return. My father in law passed away.Its been 2 and half years now, whenever my mother in law ask money he says I will give, I will give. She is tired of asking. She had 2 checks with her.
Could you please guide us the procedure to get back our money.
Thanks and Regards,
Shreenath
ajay sethi
(Expert) 11 July 2012
even if you present the cheques now you cnanot file complaint under section 138 Ni . validity of cheque is for 6 months .
you cna file civil suit for recovery of money . depsoit these cheques . on dishonour issue legal notice and file summary suit .
however please note that you may have to spend money on court fees , legal expenses . is it worth it for Rs 30,000?
Guest
(Expert) 11 July 2012
Your question does not provide adequate information.
However, based on the information you provided, if the cheques were drawn in the name of your deceased father-in-law, the same would have become invalid on two counts:
1) Validity of cheques prior to 1.4.2012 was 6 months and now it is 3 months from the date of instrument; and
2) If crossed cheques, the same cannot be enorsed an anyway, as your father-in-law has already expired.
Now your mother-in-law can adopt any or both of the two alternatives:
1) To get fresh cheques replaced by fresh cheques in the name of your mother-in-law; or
2) To get an agreement signed by the friend of your father-in-law making a mention of the events and committment of a specific date by which he would repay the amount.
Nadeem Qureshi
(Expert) 11 July 2012
Dear Sreenath
your mother in law has right to file a criminal complaint against him, if the cheque is valid yet. if not then civil suit for recovery of the money.
Agree with Mr. Sethi
