Legal Question in Banking Law in India

1. Your husband died on 9 Sept 2011

2. Cheque is dated 2 Nov 12.

Clearly your husband could not have issued the cheque. It is either a misuse of blank cheque or forgery.

Why you did not close that account? You are not liable to make the payment. You can successfully defend this.

09.02.2013

Dear Swarna,

You will have to reply to the lawyer's notice stating the facts that :

1. Your deceased husband's legal heirs cannot be held responsible for any acts or omissions committed by others after his death.

2. You may take a stance that all the labourer's daily / weekly / fortnightly / monthly salaries were always being checked and verified by your husband, prior to issue of the cheque.

3. Ask for evidence of the six month's labourer wages immediately preceding the date of death of your husband, and compare the average total monthly labourer wages paid for and the Rs. 25 lakhs being claimed from you; which will prove whether the claimant's intentions are malafide and fit for a case of cheating; for example the average monthly labourer wages for the past six months may be say Rs. 10 lakhs which is absolutely disproportionate to the claim amount;

4. If all the above facts are established, end your reply that the case be withdrawn immediately, else you will report the matter to the Police.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

Dear Madem

Importantly, CHEQUE IS NOT VALID AFTER THE DEATH OF A PERSON. BANK CANNOT CLEAR ANY CHEQUE AFTER DEATH OF A PERSON. this is ex-facie illegal.

Another thing, this is criminal proceeding and not civil proceedings. So bounce cheque of your husband, taking for teh sake of argument, then also the same cannot be prosecuted against you.

Third thing, you can easily file a criminal complaint of forgery , because the cheque cannot be signed by your husband after he is death. so to meet with this allegation, they will say that the cheque was pre signed, and this will also prove your defense in NI.

you can win in any situation.

Feel free to contact at my mail : [email protected]

don't worry a died man cannot sign a cheque, you write the details of the fact a send a reply to the lawyer rather you can file a fraud against him.

I have explained you in detail........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.