• Father took money from brother-in-law - cheque with no amount

Hi,

My father some amount from my sister husband(brother in law) without my notice. He has taken an blank cheque from my father. Now we has lost all our properties and they are asking me to pay money. Am i liable to pay the money or can we go for a settlement. If so, Please advice how?

thanks,
Vinod
Asked 1 year ago in Civil Law from Hyderabad, Telangana
Your father is liable to pay t he borrowed amount. Whose blank check given to brother in law?Your or father.

Brother in law can misuse the blank check if he wish.

As per the commencement of the Hindu Succession (Amendment) Act, 2005 no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt:

Read the section 

6 (l). Devolution of interest in coparcenaries property

(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,--

(a) by birth become a coparcener in her own right the same manner as the son ;

(b) have the same rights in the coparceners property as she would have had if she had been a son;

(c) be subject to the same liabilities in respect of the said coparceners property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener:

Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.

(2) Any property to which a female Hindu becomes entitled by virtue of sub section (1) shall be held by her with the incidents of coparceners ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force in, as property capable of being disposed of by her by testamentary disposition.

(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparceners property shall be deemed to have been divided as if a partition had taken place and,--

(a) the daughter is allotted the same share as is allotted to a son;

(b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and

(c) the share of the pre-deceased child of a pre-deceased son or of a pre deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased so or a pre-deceased daughter, as the case may be.

Explanation.-- For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

(4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt:

Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect--

(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or

(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Hi, as per law cheque is issued then it is for consideration only so if your brother in law deposit the cheque and cheque is dishonored then your father is liable to pay the amount.

2. Better you must settle the matter amicably.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you are not liable to pay your father debts .

2) if loan taken by your father he is liable to repay the debt 

3) your father can enter into settlement with your BIL . agree to pay X sum in equated monthly installments 

4) you should not sign the said agreement arrived at between BIL and father 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1) let your BIL file summary suit for recovery of X amount 

2) in said summary suit file consent terms 

3) you have not mentioned how was money advanced by cash or cheque ? 

4) if by cash and BIL has no evidence of money advanced your father    c an refuse to pay 

5) am not aware of any term pious petition 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1) since money was advanced through bank transfers your father cannot deny liability to pay the loan amount 

2) as mentioned earlier you are not liable to pay your father debts 

3) you can continue to take care of your parents even without filing any petition 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1) it is not necessary to go through court to return money in EMI 

2) however terms of repayment should be reduced in writing .

3) it should also be mentioned that blank cheque bearing no _______drawn on ____bank would be returned on full payment made 

4) further it should be mentioned whether any interest is to be paid or not on the loan . 

5) terms of repayment should be signed by your father and BIL 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
1. If your father is alive then you are not liable to pay any of his dues to any body legally,

2. If he has already demised, then you shall have to repay his loan outstanding upto the amount which you have inherited from him after his demise. If you have not inherited anything then you are not liable to pay any of the loan outstanding of your demised father,

3. You need not go for any settlement since it is not you who had taken the loan and your brother in law had not asked you before providing loan to your father.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. If you want to settle the matter taking care of your BIL's interest also, you can propose him a settlement which is within your capacity,

2. It should be made very clear to him that if he does not agree for it, he will not be able to recover any of his outstanding from your father,

3. You can file a pious petition though it is not needed from your side and also that the outcome is not known.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. Your pious objective shall have to be accepted by your brother in law,

2. Best way herein will be to convince your brother in law that if he does not accept your settlement proposal, he is expected loose the entire money.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. You can not file a petition before the Court praying for permission to repay the loan amount through EMIs,

2. It is the creditor who shall have to agree with your said propopsal to repay through EMIs,

3. Talk to your brother in law and get a settlement agreement for the said repayment executed by and between both of you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Hello,
1) Your father is liable to pay back the money to the brother in law and you are not liable and can not be asked to pay unless your father is deceased and you have inherited something from his property.

2) A settlement out of court is negotiable.You need to get the agreement of settlement between your father and brother in law. You should not undertake any commitment to pay as you are not legally bound for the debt of your father.

3) It is for your brother in law to agree or disagree with the arrangement for payment by EMIs.

4) If your brother in law files a suit for recovery or presents the check and proceed with a check return case you will have a long court battle ahead.Therefore if you can settle the matter out of court that would be in your interest.Ensure that you get the check back once the agreed amount is paid. Document all transactions in writing and let the parties (father and brother in law) sign before witnesses.
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
Hi, it is  better you settled the matter amicably or if the matter is went for court then also you can settle the matter but one thing out of court settlement the first thing is that pay the amount by way of Demand draft or cheque and after full payment of agreed amount collect the original cheque.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Once a case is  filed under 138 in criminal court it will proceed in the process.There is no question of EMI is in the criminal court. Adalath or mediation is the option for settle the case then.But BiL filed a case in civil court you can get chance for EMI easily and  Adalath or mediation is the option for settle the matter .you can settle the matter out of court that would be in your interest.Ensure that you get the check back once the agreed amount is paid and repayment should be reduced in writing.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
1. The money was taken by your father. He alone is liable to repay the money to his son-in-law.

2. The liability cannot be enforced against you during the life time of your father.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0


1. Settlement outside court can always be done even if one of the parties to the settlement does not have any liability to accede to the demand of the other.

2. Your father took money from his son-in-law when he needed it. He cannot now ask him to explain the source of his money. Even if the money was illegally earned your father continues to be liable.

3. Pious petition? I have heard this for the first time. Kindly enlighten me if you are aware of it.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0


To return the money through EMI's you do not need to proceed through court. Obtain a simple acknowledgment against repayment of the money.
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0