• Post dated cheque of deceased

Person A writes a post dated cheque to person B with a date 14 months after the day he gives the cheque to person B. person B is not the legal heir of person A. 
Person A dies immediately the same day. person B encashes the pdc cheque 14 months after without informing the bank of deceased person A. 
The legal heir of person A comes to know of this in 15th month after the death of deceased A. 

Since as per law, a deceased person no longer claims and controls any property in his name, after his death all the ownership resides with legal heir.
So how should the legal heir of deceased person A claim the amount that legally belongs to him from person B? .
Asked 2 years ago in Property Law
Religion: Hindu

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10 Answers

 

 

1)  cheque, which has been issued by a person but presented by the drawee after his death, cannot be paid by the bank. On the death of the drawer of a cheque, the cheque issued by him ceases to be a valid cheque.

 

2) As per law, the death terminates all contract. Therefore, when the banker comes to know about the death of the drawer, he has no mandate to debit any amount from the account of the drawer.

 

3) I presume you had informed the bank about demise of the drawer of cheque 

 

4)sue B to recover the amount wrongly encashed by  B

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

On the date of death of 'A' the stated cheque became infructuous so the act of 'B' in getting cheque as fraud, misappropriation etc. The act of 'B' is illegal. It is stated before claiming right over the property of deceased, legal heirs are required to complete certain legal formalities like probate if there is a WILL of deceased or succession certificate or letter of administration if no WILL is not left by deceased, and mutation thereon, only then legal heirs would be recorded as owner of properties of deceased. Legal heirs should lodge police complaint for registration of FIR against 'B' and thereafter should initiate legal proceeding for recover of cheque amount.  

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Send a legal notice to 'B' for his act of encashing the PDC cheque when he undoubtedly knew that 'A' died 14 months ago and to return the amount to legal heirs of 'A'.

Also if the legal heirs of 'A'  have informed the Bank about 'A' 's death, perhaps such a situation would not have arisen.

Let the legal heirs of 'A' lodge a Police complaint against 'B' for encashing the cheque when he was aware of 'A' 's death 14 months ago.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

- As per law, after the demise of A, the said post dated cheque is having no value in the eye of law , and further it cannot be encashed after the demise of A  due to being a post dated cheque. 

- Hence, the legal heir of A can send a legal notice to the B for fraud enchaed that cheque. 

- If no positive response of the notice , then the legal heir of A can file a recovery suit before the court , and also can lodge a complaint against B before the police . 

- However, if that cheque was given for any liability by A to B , then B having his right to get the refund of the amount after clearing that cheque. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

It is duty and responsibility of the legal heirs of the deceased to inform the concerned bank about the death of the account holder and request the bank to close the same by producing copy of the death certificate of the deceased account holder.

There's no reason for the B to not to encash the cheques issued in his favour and neither the bank has stopped payment against the cheque presented before it 

Therefore B has not done any crime in this regard.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

The legal heir has recourse against the bank which paid the cheque after the death of the account-holder/drawer of the cheque. If the news of death appeared in any newspaper or public poster, or if the legal heir had informed the bank, the legal heir has a strong case against the bank for wrongful payment of the cheque.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Foe what purpose/payment cheque was given to B ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hi, as per law once cheque is issued it is for consideration. Here the cheque was issued and it was en-cashed. Now legal heirs can't claim that money.  

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

When a person passes away, their estate typically goes through a legal process known as probate or estate administration. During this process, the deceased person's assets, including bank accounts and property, are transferred to their legal heirs or beneficiaries.

 

In the situation you described, if Person A passed away immediately after giving the post-dated cheque to Person B, the cheque may become part of Person A's estate. The legal heir of Person A would have the right to claim the amount mentioned in the cheque as part of their inheritance.

 

To claim the amount that legally belongs to the legal heir of Person A, the legal heir should follow these general steps:

 

Obtain a death certificate: The legal heir should obtain a death certificate of Person A as proof of their passing.

 

Apply for probate or letters of administration: The legal heir may need to apply for probate or letters of administration in the appropriate court, depending on the laws and procedures in your jurisdiction. This process establishes the legal authority of the legal heir to handle the estate of Person A.

 

Inform the bank: Once the legal heir has obtained the necessary court documents, they should inform the bank where Person A's account is held about the death and their status as the legal heir. The bank may require specific documentation and procedures to transfer the funds to the legal heir.

 

Contact Person B: The legal heir should reach out to Person B and inform them of the death of Person A and their status as the legal heir. They should provide the necessary documentation to support their claim.

 

 

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

He can claim the same as his legal heir

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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