Person who issued cheque and received money dead how to recover money
In Cheque Bounce Law
Answers (3)
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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).
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.
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 Cheque Bounce Lawyers at lawrato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail.
Comments by Users
No Comments! Be the first one to comment.
Related Questions
- if payment stop by drawer and inspite of duly informed by drawer than
- Is payment stopped by drawer considered as a ground for Cheque Bounce
- Lease Amount cheque by owner dishonored how to recover money
- Proceedings for the cheque bounce matter
- how to get recovery for the bounced cheques
- What is the procedure to give private loan on interest?
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
Related Articles
- Cheque Bounce Case
- Rights in Cheque Bounce Case
- How to File a Cheque Bounce Case
- Time Limit for Filing Cheque Bounce Case
- Punishment for Cheque Bounce Case
- Notice Period for Cheque Bounce
- What is Security Cheque
- Court Fees for Cheque Bounce Case
- Bail in Cheque Bounce Case
- What is Cheque bounce in India?
- New Cheque Bounce Laws in India