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Legal service India => Cheque Bounce => Topic started by: sam123 on November 01, 2015, 06:42:34 AM

Title: CHEQUE NOT GETTING CLEARED DELIBERATELY.
Post by: sam123 on November 01, 2015, 06:42:34 AM
MY MOM GAVE ME A BLANK CHEQUE TEN DAYS BEFORE HER DEATH, I FILLED THE AMOUNT SHE HAD IN HER SAVINGS BANK ACCOUNT. THE CHEQUE MY BRANCH HAD TO SEND TO THAT BRANCH OF MY MOM BY POST. NOW THAT THEY HAVE THAT CHEQUE, THEY ARE NOT CLEARING IT. THE BANK MANAGER INSISTED ON PHONE THAT HE WANTS ME TO GIVE DEATH CERTIFICATE AND THEN THE AMOUNT WILL BE GIVEN TO ME IN MY OWN ACCOUNT IN THE SAME BANK.... I DON'T WANT TO FOLLOW THIS LONG PROCEDURE AS I LIVE OUTSTATION AND DON'T HAVE SO MANY LEAVES. WHAT ARE MY RIGHTS AND WHAT SHOULD I DO TO GET THE CHEQUE CLEARED.
Title: Re: CHEQUE NOT GETTING CLEARED DELIBERATELY.
Post by: advmisthi on November 05, 2015, 08:58:40 PM
How is it a long procedure to give a copy of death certificate.
the bank cannot honour this check when the person issuing it is no more.

had the check been presented to the bank before your mother's death date than yes the bank would have cleared it
Title: Re: CHEQUE NOT GETTING CLEARED DELIBERATELY.
Post by: riteshmaity on May 05, 2016, 11:33:04 AM
Bank cannot legally transfer the money to you from the account holder once the bank knows that the account holder is dead.
In case of death of an account holder, a nominee will get the share (it is now almost mandatory to have a nominee for bank account holder).
Otherwise, if there is no nominee, then the legal heir of such account holder can claim the money. Declaration/ affidavits and other formalities have to be strictly maintained when the account holder is no more.