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Can suit be filed against deceased legal heir for recovery
06-Aug-2023 (In Civil Law)
I made an investment with a businessman on cable television business of Rs.80,000 with a legal partnership agreement for Rs. Two lakhs on ₹100 stamp duty. I made a delay in part investment and as a reason of it, he didn't proceed with the implementation of business and because of it, I asked him to nullify the agreement. He nullified the agreement and agreed to pay back the investment of Rs.75000 through Cheque. But before I could cash in the cheque he died. I requested the same amount from his son. He disagreed on payment and I want to file a lawsuit against him. Is there any way for me to file a complaint against his son for his father?
Hi, as per your query I would like to inform you that you can claim back your dues from the son of your deceased partner.
Please note that the Legal Heirs of the Deceased Parents are responsible to settle the debts of their parents. Please consult an advocate and send a legal notice to the son of your deceased partner to pay back your debt. If he do not return the amount, then you may file a suit for recovery of the amount.
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Adv. Rajesh Kumar K
Bangalore / Bengaluru | 400+ Answers
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You can file a recovery of money suit against the son of a person who owes a liability to you one one condition. That is you should be able to show that the son inherited his father`s property to an extent to cover the amount you are claiming from said son.
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Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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Yes it can done provided you should cross verify with the banker the nominee details of the drawer who has issued the cheque to you but in order to proceed the case easily should have the Partnership agreements i hope that your Firm is Registered under Partnership Act , 1932
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Adv. Nikhil Singh
Belgaum | 100+ Answers
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If the Loan is Secured After the death of the original borrower in such a case, the lender will approach the legal heirs to recover the amount. The lender may auction the pledged asset if the legal heir does not repay the outstanding amount.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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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