Person who issued cheque and received money dead how to recover money

955 votes

You can file the suit for recovery of amount against the legal heirs of the deceased before the competent civil court.The documents ,demand promissory note, cheque,cash receipt or any other agrements or undertaking et..

Advocate Ram Susarla LawRato

987 votes

Hello,

1. Yes the financier can get back his money through the court from the legal heir(s) of the person who borrowed money if any legal heir(s) do or does exist. For this, the financier needs to send a notice through a lawyer or by himself to the legal heir(s) of the person who issued the cheque and received money and wait for them to settle the dues. If they don't settle the money, file a money recovery suit in the jurisdictional civil court making the legal heir(s) party to the suit and proceed further.

2. The documents required in this case would be the receipt of the payment made by the financier, any agreement executed between both the parties suggesting the reason for taking or giving the money, cheque issued by the person and the legal notice sent by the financier to the legal heir(s).

Advocate B. Srikiran LawRato

997 votes

Dear Client,
Information is insufficient. At the time of lending of amount by financier, what are the documents that were obtained by him from the borrower. Whether has he obtained any promissory note or any loan agreement, or any guarantee from any third party or has he advanced loan on support of mortgage of any property of the deceased borrower. If the financier obtained only cheque and that was bounced and except that cheque the financier has no other document, then filing of criminal case against a dead person is not permitted under law and the same is invalid in law. If the financier has obtained any supporting document like promissory note, or loan agreement etc., then he can proceed against the properties of deceased person in the hands of legal heirs, but the deceased person should have assets and the same were in the hands of legal heirs without disposing them. Financier must proceed in a quick and as expeditiously as possible against the properties of the deceased. First the financier must know the particulars of assets of deceased and name and address particulars of the legal heirs of deceased before proceeding against the properties of deceased. Engage an expert legal adviser for recovery of money.

Advocate Sistla Rama Krishna LawRato