Can I claim from the legal heir of the person whose cheque bounced

531 votes

Hello, if you know the faxts then you may very much implead yourself into the case for further procredings but u should aware the transactions very much. .

Advocate B. Sivasubramanian LawRato

587 votes

Hello !! let us assume that the deceased party who gave you the cheque is "Mr.X". To begin with, usually a holder of Cheque has two options namely (a) He can initiate civil proceedings in the form of filing a suit for "recovery of money" or (b) He can initiate criminal proceedings under Section 138 of the Negotiable Instruments Act.
As per law, the legal heirs cannot be punished for the criminal act done by "Mr.X". Cheque bounce is a criminal act. Therefore, you cannot initiate criminal proceedings under Section 138 of the Negotiable Instruments Act against the legal heirs of the deceased "Mr.X".

So your only recourse is to file a suit for recovery of money before the District Court/Sub Court (Depends on the value of the money that you seek to recover) against the legal heirs of "Mr.X" and in that very same suit you will have to file an interim application seeking for an attachment of the assets of "Mr.X" that is now in the hands of his legal heirs after his death.
You are asking for an attachment because you can recover the money that "Mr.X" owes to you only by selling any of "Mr.X's properties (if the legal heirs fail to pay you). Therefore, just to ensure that the legal heirs do not sell the property of "Mr.X" once you file the suit, with an intention to leave you with no option to recover the money, it is necessary to file an application for attachment of the property of "Mr.X".

In that suit, the cheque issued by "Mr.X" has be produced as an evidence to prove your case.

LawRato LawRato

886 votes

Yes, you can, but only civil suit. And also you must prove the transaction between you and the drawer of the cheque. You can't file any criminal case (NI Act 138 ) against the legal heirs. For filing money suit you have to pay court fee. If you need any further advice pl contact me.Thanka

Advocate Manoj Raghuram LawRato

969 votes

Yes of course,You can send a lawyer notice to the legal heir of the person who issued the cheque with the relevant documents .The legal heir has the liability to do his duties as he is the inheritor of the deceased person.

Advocate K Prema LawRato