Chapter VIII - Of Notice of Dishonour
Section 97
Section 97: when party to whom notice given is dead
Section 97 preserves a dispatched notice when the sender did not know the addressee had died.
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Need advice on Section 97?
This article is for general information. Refer to the Negotiable Instruments Act, 1881 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
when the party to whom notice of dishonour is dispatched is dead, but the party dispatching the notice is ignorant of his death, the notice is sufficient.
Applicability and limits
Applies to a dishonour notice dispatched to a party who has died, where the sender was unaware of the death.
The sender’s ignorance is essential. The provision does not settle what happens if the sender knew of the death before dispatch.
Hypothetical example
Hypothetical: notice is properly sent to an indorser’s known address; only afterward does the holder learn the indorser died the previous day.
Steps and evidence
Retain the dispatch date and address.
Record when the sender first learned of the death.
Keep any returned-post record without assuming return alone invalidates notice.
Practical checklist
Do
- Record when notice was dispatched.
- Establish whether the sender knew of the addressee’s death then.
- Keep the address and dispatch evidence.
Avoid
- The sender’s ignorance is essential. The provision does not settle what happens if the sender knew of the death before dispatch.
Glossary
- Dispatch
- Sending the notice, rather than its eventual receipt.
- Ignorance of death
- The sender’s lack of knowledge of the addressee’s death when dispatching notice.
Frequently asked questions
Does notice fail solely because the addressee had died?
Under Section 97 it remains sufficient if the sender was ignorant of the death when dispatching it.
Is proof of actual receipt required by this section?
Section 97 focuses on dispatch and the sender’s ignorance of death. Other notice requirements remain relevant.
What if the sender already knew of the death?
Section 97’s stated protection does not apply on those facts; consider notice to the legal representative under Section 94.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026