Hi, you have a proof of payment made to your friend one by way of executing nonjudicial stamp paper and another by way NEFT so now you can issue a legal notice to the LRS of deceased for recovery of money with interest and then file a suit for recovery of money. Remember one thing limitation for filling suit is 3 year from the date of payment.
Loan agreement
Sir, I gave a loan of Rs.4,70,000 to my friend and colleague (a govt. servant ). I gave this amount in two parts First, cash of Rs.2,70,000, 1.5 year ago for which I made a deed on a 100 rupee Non Judicial E- stamp paper and also in consideration I received a self cheque. Second, Rs. 2,00,000 by fund transfer through NEFT, 3 months earlier for which I did not make a legal deed. But now in a paralyse attack he died one month earlier and now his legal heir denied to pay the loan and also threatened me and my family to not to sue in court. Also I want to mention here that the Self cheque is Not having any Dated written on it. So please give me advice on the matter to take legal actions to recover my money from his office dues ( i.e. PF, GRAUITY etc. ) OR from his legal heir.
Asked 10 years ago in Civil Law
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8 Answers
Hello,
1) You need to send a legal notice to the legal heir of the deceased demanding the return of the fund advanced by you although a personal loan given to a person can not obligate the legal heir.However if there is any property in the name of the deceased you can ask attachment of the same.
2) If the deed that you made had a clause stating that the legal heir would be liable for the debt in the event of the death of the debtor it would help your case in recovering the money.
3) There is no way you can get a recovery against the PF or gratuity as personal debts can not be recovered against them.
Dear Querist
First of all send a legal notice to his legal heirs and give them 15 days time to repay that amount alont with interest.
If they are not ready to make the payment within 15 days from receipt of the notice then you can file a civil suit for recovery against them before court.
1)where there any properties standing in name of deceased?
2)if you so you can seek attachment of said property for recovery of your dues
3) issue legal notice to legal heir for recovery of Rs 4,70,000
4) then file suit to recover the said sum of rs 4,70,000 and seek attachment of property .
5) please note legal heir is liable for debts of deceased only to extent he inherits his properties
Better you have to send a legal notice for demanding the return of the funds advanced by you to the deceased father of the legal heirs. And after ending the time limit the notice you have to file civil suit against them. Also check there is any property in the name of deceased person.if any found alive in his name you can liberty to attache his property. Legal heir is liable for debts of deceased only to extent they inherits their father properties
You must send a legal notice demanding the money from the legal heirs. Further is dere a clause in ur non judicial stamp paper deed with regard to payment of money or time as to under which the amount is to be returned? If yes you can put date on the cheque and deposit.
Further you could file a case against the heir in a way of summary suit for recovery of money.
1. You can recover the first part i.e 2.7 lakhs of the amount you had lent to the deceased. The second part of the loan cannot be recovered as you did not secure its return by making an agreement with the deceased.
2. After the demise of the debtor you can issue a legal notice to his heirs to repay the amount you had lent to the deceased. The legal heirs of the deceased debtor can be made liable to repay the loan only to the extent of their inheritance of the properties of the deceased. If the deceased had no properties owned by him during his life time then the legal heirs are not liable.
3. You cannot enforce a recovery against PF and Gratuity of the deceased.
4. Begin the legal process by issuing a lawyer's notice to the heirs of the deceased.
1. The self cheque collected by you is of now use. It is for withdrawing the an amount by the drawer of the cheque himself or his order,
2. Since you have evidence of providing loan to the deceased person, file a money suit against all his legal heirs claiming refund of your loaned amount from the property of the deceased person,
3. The liability of the legal heirs of the deceased person is limited to the value of the property they inherit from the desaed person after his death.
