Who is liable to pay amount if cheque issuer dies
17-Dec-2023 (In Cheque Bounce Law)
my father issued post dated cheque of 4lacs to a friend of his but my dad passed away last month n now his friend has sent a legal demand notice in my mother's name and my name.
A Cheque is valid only for a period of three months from the date of issue and after that it is invalid though deposited in bank.
Liability of person after his death extends only to the extent of the property standing in his name.
Liability of person after his death extends only to the extent of the property standing in his name.
Abatement of proceedings on the death of the accused section
Effect of death of accused in criminal case
Death of accused during trial in India
death of accused during trial in 138 ni act
Death of accused during trial CrPC
138 NI Act latest judgements in favour of accused
Accused died during appeal
Substitution of legal heir of complainant in 138 Negotiable instrument Act
If the legal.notice is under 138, The Negotiable Instruments Act,1881, the same is not maintainable
Please give little background of legal.notice as well....
Else,please meet a lawyer with the copy of the.legal notice
Please give little background of legal.notice as well....
Else,please meet a lawyer with the copy of the.legal notice
The legal demand notice or any case regarding the above said matter is not maintainable. An appropriate response would suffice and nullify this demand notice. You and your family members are not bound to pay this debt if any.
There cannot be any criminal case either against you against your mother maximum the opposite party can initiate civil proceeding for recovery. The said recovery can be made against the estate created by your father. But right now you should send reply to said legal notice. Detailed advice can be tendered only after perusal of all record.
Preliminary opinion on the limited facts: See liablity of dues of a deceased passes over to one who gets the assets. There are other vital circumstances to be seen such as privy of the contract, the terms of agreement, the amount which was due on your father, property transferred. Therefore, you may not be laible to pay depending on the surrounding circumstances.
For a definitive opinion, i would need to know following:
1. Mode of transfer.
2. Was any agreement signed?
3. Cause of taking the money.
4. Father's property and its succession.
For a definitive opinion, i would need to know following:
1. Mode of transfer.
2. Was any agreement signed?
3. Cause of taking the money.
4. Father's property and its succession.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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