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Time Upto Which We Can Sue Legal Heir To Pay Back Money
04-Jan-2023 (In Cheque Bounce Law)
My uncle gave me cheque and then a month later i put that cheque to be redeemed,but it got bounced and i learnt that the account has been ceased as my uncle died.Now,i know that i cant claim money to him directly as he died,but it will take some months time to decide that who would be the legal heir,so i want to ask that can i file case on legal heir at any time to recover my money??like after 6 months or an year or so?? Because it will take time to decide him.
In this regard, I advice you that you can prefer a suit within three years and after that it becomes time barred debt for which you sue. It is submitted that you see who is the beneficiary of his wealth and then you can sue him for the said due debt. For further clarification, please contact.
Helpful?
Adv. Ujjwal Jain
Delhi | 200+ Answers
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Hi,
Regarding your query:
Please note that under the Negotiable Instruments Act ( which is essentially for bouncing of the cheque) is quasi-criminal proceedings. In view of the fact that the person has been deceased, you will not be entitled to institute criminal proceedings against him or his heirs. His liability in terms of the cheque bounce has extinguished at his death.
However, please note that you ARE still entitled to recover your money under a suit for recovery within a period of three years to recover the amount. At present, if you are aware of who the deceased person's sons/wife are. You will be entitled to immediately institute action for recovery. It does not matter at present who will be the legal heir and you do not need a formal declaration from Court. It will be sufficient if you are aware of who is wife/children are and provided they are above the age of 18. You may institute a suit for recovery immediately.
Please retain all information like bank account statements, transference of money from your account to the deceased's account etc. to prove your case before Court.
Regarding your query:
Please note that under the Negotiable Instruments Act ( which is essentially for bouncing of the cheque) is quasi-criminal proceedings. In view of the fact that the person has been deceased, you will not be entitled to institute criminal proceedings against him or his heirs. His liability in terms of the cheque bounce has extinguished at his death.
However, please note that you ARE still entitled to recover your money under a suit for recovery within a period of three years to recover the amount. At present, if you are aware of who the deceased person's sons/wife are. You will be entitled to immediately institute action for recovery. It does not matter at present who will be the legal heir and you do not need a formal declaration from Court. It will be sufficient if you are aware of who is wife/children are and provided they are above the age of 18. You may institute a suit for recovery immediately.
Please retain all information like bank account statements, transference of money from your account to the deceased's account etc. to prove your case before Court.
Helpful?
Adv. Anuj Nair
Delhi | 200+ Answers
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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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