Hand loan claim by son

if in case the father is no more?  At present he is alive and why if, is it an academic query?  You have any problem, state the full facts.

No one, including son, can claim hand loan, it has to be requested to avail loan.

The amount transferred by father to his adult son is recoverable from his legal heirs, if they prefer a claim for the loan amount on the basis of cheque issued by borrower son.  

Facts vis-a-vis query is vague and incomplete.

You could not clarify facts.

Hi, I think my question was not understood clearly, so i'm rephrasing my question. What I wanted to know was if my Father had given a loan to his friend, And his friend had given us the PDC cheques and in case if my father is no more, can I use those cheques and recover my father's loan.

If the cheque ws given on the name of your deceased father then you may not be able to encash the same 

However you can very well issue a legal notice to the borrower to settle the loan amount or to issue a fresh cheque in the name of the legal heirs of the deceased or all the legal heirs can file a suit for recovery if the borrower refuses to return the amount 

On the strength of dishonoured cheque drawn in favour of your deceased father you (with other LRs of your father) can recover the amount by filing a recovery suit .

However, a complaint u/s 138 NI Act, 1881 shall not be maintainable.

Thank you for your reply Advocate Kaliselvan and Dr. Vashista, truly aprreciate your reply.

You are welcome for your appreciations

Now you have clear facts.

The cheque is prima facie evidence of debt. But the defendent may be taking excuse that this was not a loan and you need maerialto counter this. You can move ahead if the cehque is not more than3 years old.