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My wife DOD 15th sep 2025, car Loan Emi not goin to pay
13-Feb-2026 (In Recovery Law)
Due to death and financial problem i am not able to repay car loan my 4 chq. got bounced
Q: What will happen ?
Q: How can we take more time from company to repay and not getting any hassle?
Vehicle is in the name of my wife and her death happened on 15th Sep.2025.
Formal Representation to Finance Company
On my letterhead: Intimation of death (attach death certificate), Explain financial hardship Request: Moratorium / restructuring, Settlement proposal, Stop coercive recovery, Avoid criminal action
Mentioning RBI Fair Practices Code for NBFCs, Supreme Court guidelines against recovery harassment
Helpful?
Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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Hi there, you are now under the danger of initiation of s.138 proceedings for cheque bounce which is criminal in nature.
In order to look for the proper strategy to get relief in your case I'll be needing additional details.
It's advisable to contact me and provide requisite details to assist you better.
Helpful?
Adv. Ishan Parashar
Delhi | 200+ Answers
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Hi , I got your query that due to financial problems you are not able to pay your loan , do not worry I can help in your matter by settlement. I have long experience of loan settlement case . Pls do connect with me for further assistance
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Adv. Deepak Ranjan
Delhi | 5+ Answers
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Hi
1. You must immediately stop issuing cheques that are likely to bounce, as each dishonour can expose you to proceedings under Section 138 of the Negotiable Instruments Act.
2. You must write to the lender at once, annexing the death certificate, and seek restructuring or a short moratorium, while requesting that they do not present any further cheques.
3. You must verify from the loan file whether any credit life/loan protection insurance exists and, if so, file the claim without delay.
4. You must preserve all emails, notices, bank memos, and receipts, and revert with the loan agreement and repayment mode so your response and next steps are structured and defensible.
Feel free to reach out in case you need further legal assistance.
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Adv. Pragati Srivastava
Delhi | 5+ Answers
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On cheque bounce, lender may issue notice under Sec 138 NI Act and start recovery/repo of vehicle. Immediately inform bank about wife’s death, seek moratorium/restructuring in writing, submit death certificate, and request time/settlement to avoid action.
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Adv. Pankaj Bajaj
Delhi | 5+ Answers
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