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Loan taken from a person is dead. Two Groups are claiming the Money


16-Sep-2023 (In Recovery Law)

I had taken a loan from a persons in cheque. Wife murdered the person and is now in jail. He has a son 9 years old. Money is claimed by wifes mother and deceased mother. Deceased mother is asking for the money and is prepared to enter into an agreement if she claims we will indemnify you and the wifes mother is asking us to pay us the money as his grandson is the legal claimant. Whom should we give the money

Answers (3)

Answer #1
613 votes
The Legal Heir of the the Person from whom you had taken the money are his mother, his wife and his child. Let them produce the Legal Heir or Succession certificate. In any case unless the wife and mother in-law claim together, don't pay the money to anyone. If the time of returning the money has ended open an account and fixed deposit it, so that if they go to Court, you can produce the Fixed Deposit Certificate in the court and let the court decide, whom to give the money. In that case, they also cannot claim interest, as you can show your bonafideness and they will be restricted to the interest accrued in the Fixed Deposit. Thank You Regards Ramesh Agarwal
Advocate Ramesh Agarwal

Adv. Ramesh Agarwal

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Answer #2
820 votes
There is a special type of suit that you can file where the court decides the two competing claims. This is a good way to ensure that you give the proceeds to the right person. This will prevent other parties from proceeding against you as you will be bound by an order of the court.
Answer #3
514 votes
you should give the money to the deceased child by draft because he is the only one who is legal hair of the property or money after he get major, and the second one you say the deceased mother by agreement so you can give both of them.
Advocate Sandeep Singh

Adv. Sandeep Singh

LawRatoDelhi | 25+ Answers
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