Got forced to sell my late father’s home at a loss, now a guy wants to cash an old cheque from 2018

[Adityaguy633]

A

Adityaguy633
PARTICIPANT
March 27, 2025 at 9:24 am

So back in 2018, my father bought a home for ₹96L with a ₹70L loan, but he tragically passed away just two months later. The bank didn’t give us any time to figure things out and basically forced us to sell the house to recover the loan.

Here’s where things got worse. The house was still technically in the name of the previous owner, and we needed his possession letter and signature to finalize the sale. Out of nowhere, he demanded ₹10L, claiming it was still due. We fought it for months, but in the end, we had no choice. Gave him a cheque (without a date), got the possession letter, and sold the house at a loss for ₹85L.

Time passed, life moved on. I had to manage my dad’s business and deal with everything else, so I just paid him ₹1L in cash and forgot about it. He never reached out again, and we never wanted to give him another rupee.

Fast forward to 2025, and now this guy suddenly wants to file a case and cash that cheque. At this point, it feels like extortion. I could have fought back then, but everything was just too much at the time.

Any legal advice on how to handle this

Share

[Calmronak5473]

C

Calmronak5473
PARTICIPANT
March 27, 2025 at 9:34 am

Giving 1 lakh in cash was not a right choice.
He will keep coming at your guys. Find a good lawyer.

Share

[Rapiddisha4225]

R

Rapiddisha4225
PARTICIPANT
March 27, 2025 at 9:35 am

I believe this is a good learning for everyone to document things. I understand that your loss is nothing anyone can compare but that’s where the less good elements of society took advantage of you.

You could have requested bank to cancel the cheque. If ever deposited, you will be notified.

One of things that you can do now is claim that cheque was stolen / got lost, obviously this is unethical but if you want, you can take this route.

Share

[Indiandude2263]

I

Indiandude2263
PARTICIPANT
March 27, 2025 at 9:39 am

Do this and contact a reliable lawyer

Share

[Adityaguy633]

A

Adityaguy633
OP
March 27, 2025 at 9:44 am

yep I know i made a mistake though i was thinking to cancel that cheque and maybe even close that account , will be getting a lawyer anyway

Share

[Superkritika279]

S

Superkritika279
PARTICIPANT
March 27, 2025 at 11:51 am

Even if you return the cheque without payment he can’t do much as court requires proof of contract for the payment!

Share

[Silentgirish7599]

S

Silentgirish7599
PARTICIPANT
March 27, 2025 at 9:42 am

Did you give blank cheque with signature and without a date?

Share

[Adityaguy633]

A

Adityaguy633
OP
March 27, 2025 at 9:43 am

it was with amount and signature

Share

[Jagdishstar9]

J

Jagdishstar9
PARTICIPANT
March 27, 2025 at 9:46 am

NAL

Let’s get few things straight,

Your father paid 26L to the previous owner and 70L from bank to pay for the previous owner = 96L paid to the Previous owner.

Unfortunately he died in 2018 without completing the due process.

Did the bank give free money without any documents or MOD? Also his insurance didn’t kick in? (that’s too weird because 2 years).

Why is that you’re paying for the loan while other party is in possession?

Next he demanded 10L but you paid 1L & a cheque without date.

Now he’s demanding more (how much?)

Share

[Lakshayshark957]

L

Lakshayshark957
PARTICIPANT
March 27, 2025 at 11:02 am

> Did the bank give free money without any documents or MOD? 

You’ve hit the nail on the head. The house couldn’t have been on the name of the previous owner because the Bank will insist on registration of the conveyance deed and the subsequent MoD.

Share

[Supergowri8151]

S

Supergowri8151
PARTICIPANT
March 27, 2025 at 9:51 am

Fight it out in court. He has a weak case. Say this it was given as surety and later cash was paid. The transaction was done years ago and at that time he said the cheque was lost. Now he is fraudulently coming and harassing. Find an advocate and file a fraud case against him too. Fight it out

Share

[Epicrajendra5182]

E

Epicrajendra5182
PARTICIPANT
March 27, 2025 at 9:56 am

So here is the one more lesson. Take a loan insurance.

In my case I paid one time insurance fee of 1.45l and this covers full tenure of loan taken from the Bank of India. If I paid loan amount early, adjusted premium will refunded to me if I die early bank will recover from insurance company.

Share

[Sandeeppanther206]

S

Sandeeppanther206
PARTICIPANT
March 27, 2025 at 11:07 am

Actual real life advice:

Document everything.

Always get a professional/second opinion.

Share

[Adityaguy633]

A

Adityaguy633
OP
March 27, 2025 at 11:11 am

i am getting a professional, thought I’d post and see in reddit if i can turn things around

Share

[Khushifalcon186]

K

Khushifalcon186
PARTICIPANT
March 27, 2025 at 11:36 am

Which bank is this that gave you a loan without having a document/deed saying property is in your name or sale has taken place where you or your father now own the property?

Sorry. Don’t believe it.

Share

[Wisehero1263]

W

Wisehero1263
PARTICIPANT
March 27, 2025 at 12:15 pm

Yes, unless it’s some shady NBFC or local letter. Banks will only create a check which is payable on/after registration of sale deed.

Share

[Author]

Posts