Method to clear cheque of named died person

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manish (Querist)
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22 February 2016 Dear Sir, I want guidance from you, our relative file ITR for getting refund of TDS by ONGC. returns file as a legal hair but IT department had issue cheque on name of died person name.till it's OK but now problem is that how can that cheque clear of named died person. pls guide to us process of that cheque deposit method. thanks

Ganeshbabu K

Ganeshbabu K (Expert)
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22 February 2016 Contact your jurisdictional AO along with relevant proof(legal heir certificate). After verification the Jurisdictional AO approves the legal heir claim, refund will be routed to your bank account.

manish

manish (Querist)
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23 February 2016 but sir IT department CPC have been issued refund cheque and cheque issue on name of died person. and also I have already received refund cheque with name of died person. then in this situation how can I clear that cheque.and where it cheque deposit without bank account of died person.who had already died on 2007.pls guide urgent.

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Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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03 August 2024 Clearing a cheque issued in the name of a deceased person can be a complex process. The general approach involves the following steps:

### **1. Obtain Legal Documents**

- **Legal Heir Certificate:** You need to obtain a Legal Heir Certificate from a competent authority, which establishes that you are a legal heir of the deceased person.
- **Death Certificate:** Ensure you have the Death Certificate of the deceased person.

### **2. Approach the Bank**

- **Inform the Bank:** Visit the bank where the cheque is to be deposited and inform them about the situation. Provide them with the Legal Heir Certificate, Death Certificate, and any other required documents.

### **3. Endorsement of the Cheque**

- **Endorse the Cheque:** The legal heir(s) may need to endorse the cheque. This endorsement should include:
- The name of the deceased (as it appears on the cheque).
- The legal heir’s name (as per the Legal Heir Certificate).
- A statement that the cheque is being endorsed on behalf of the deceased person’s estate.

### **4. Prepare an Affidavit**

- **Affidavit of Heirship:** Prepare an affidavit stating that the person endorsing the cheque is a legal heir and that the cheque is to be deposited into the legal heir’s account. This affidavit should be notarized.

### **5. Bank Procedure**

- **Submit Documents:** Submit the endorsed cheque along with the Death Certificate, Legal Heir Certificate, Affidavit, and any other documentation required by the bank.
- **Bank’s Process:** The bank will process these documents to verify the claim. They might require additional documents or information depending on their internal procedures.

### **6. Legal Action (if required)**

- **Court Order:** If there are disputes or complications, you may need to obtain a court order directing the bank to process the cheque. This is more common in cases of dispute among heirs or when the bank's internal policies require it.

### **7. Deposit the Cheque**

- **Bank Account:** Once the bank approves the documents, the cheque can be deposited into the legal heir’s bank account.

### **Summary of Steps**

1. **Gather Required Documents:** Death Certificate, Legal Heir Certificate.
2. **Visit Bank:** Inform them of the situation.
3. **Endorse the Cheque:** Endorse it in the name of the deceased and the legal heir.
4. **Prepare Affidavit:** Affidavit of Heirship.
5. **Submit to Bank:** Provide all documents to the bank.
6. **Follow Bank Procedure:** Comply with any additional requirements.
7. **Court Order (if needed):** Obtain a court order if there are disputes.

### **Additional Notes**

- **Consult a Legal Professional:** If you encounter difficulties or need further guidance, consulting a legal professional is advisable to ensure compliance with all legal requirements.
- **Bank Policies:** Each bank may have specific policies regarding such transactions, so it's essential to follow their guidelines and requirements closely.