Cheque from merged bank

5 years ago

My brother had issued me apost dated cheque 5 years before , it belongs to SBM bank and now that this bank is merged with SBI, will I be able to submit that cheque, if not what are my legal options to make my brother issue a new proper cheque, post dated cheque is dated for 01/01/2019.

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VIMAL K MISHRA

Responded 5 years ago

A.It is not valid now, send a legal notice first if matter solved thats good if not then file a court case with help of legal professional.

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Prabhakara S K Shetty

Responded 5 years ago

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A.You are left only with a civil action against your brother now. The Cheque of SBM if presented now will return with a memo citing reason whcih will not be covered under the clauses to enable you to file what you call as cheque bounce case.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.its invalid cheque after merge sbm into sbi. your brother sbm account merged into sbi as well. ask your brother to issue new sbi cheque.

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Ambrose Leo

Responded 5 years ago

A.The cheque life and its validity are controlled by the guide lines of amended banking act in force and guide lines issued time to time by RBI. Now the life of cheque is 3 months.better to limit transactions limited within time limit to protect your interest.

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ROBERT D ROZARIO

Responded 5 years ago

A.Facts not clear. You did not mention the amount nor the date of issue of the cheque. What was the purpose of the issue of the cheque? Was there any liability?

Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts. For your understanding, validity period of cheque is for three months from the date inscribed on it. If you're smarter than ask your brother to get new cheque book from SBI and convince him to issue proper signed cheque in your favour.

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Prasad BS

Replied 5 years ago

Check was issued as a settlement for transferring ancestral property to his name, he gave parents by cash and he wanted 5 years time to pay me for which I agreed , it was 5 lakh cheque post dated to 01/01/2019 but now I cannot use the cheque as it is from SBM, and me and my brother are not in good relationship anymore so I am afraid he may refuse to give me money or issue a new checque.

ROBERT D ROZARIO

Replied 5 years ago

file a civil suit for cancellation of the settlement deed as you did not received the consideration amount. Get an interim injunction restraining him from selling the property to third party during the pendency of the suit. Alternatively you may file a suit for recovery of your money.

Abhimanyu Shandilya

Responded 5 years ago

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A.After merger with SBI certainly you cannot use that cheque. What you can do is ask your brother to provide new cheque and if he denies then send him the request in writing to change the cheque and that will help to establish your case in court of law if needed.

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