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Rakesh Kumar   25 August 2019

cheque bouce case against the deceased drawer

my father has died 2 months ago now a notice from court has been sent to us from a person that he had given 3 lakh rupees to my father and in return my father had given him 3 cheques , but we didn't know about this now what should I do, please give me the suggestion.


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 4 Replies

Real Soul.... (LEGAL)     25 August 2019

Well if your father has really borrowed money then morally you should pay back .

However  criminal complaint  can be filed against  your fahter  dead already; But a suit for recovery from his property   can be filed on heirs  if their is enough evidance to show  that he owes a debt .

Real Soul.... (LEGAL)     25 August 2019

Originally posted by : SOHAIL Sohail
Well if your father has really borrowed money then morally you should pay back .

However  criminal complaint  can be filed against  your fahter  dead already; But a suit for recovery from his property   can be filed on heirs  if their is enough evidance to show  that he owes a debt .

 Typo Error ;Please READ   However "NO" criminal complaint  can be filed against  your fahter  dead alread

Isaac Gabriel (Advocate)     25 August 2019

Criminal complaint abates on death. But Civil action could be initiated agaisnt tthe legal heirs.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 August 2019

Originally posted by : Rakesh Kumar
my father has died 2 months ago now a notice from court has been sent to us from a person that he had given 3 lakh rupees to my father and in return my father had given him 3 cheques , but we didn't know about this now what should I do, please give me the suggestion.

 

1.  IF the cheques were given from the personal savings account by deceased Father,  THEN simply IGNORE the court notice and do nothing about it.  No need for the legal heirs to attend the court. Nothing further can come out of it.

2.  The Complainant cheque bouncing case would ultimately have to be closed for legal default, due to demise of the cheque drawer.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com


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