LawRato

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.
Answers (5)

Answer #1
778 votes
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.

Answer #2
704 votes
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
Answer #3
804 votes
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.
Answer #4
698 votes
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.
Answer #5
622 votes
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.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."