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When party to whom notice given is dead

Section 97 of the Negotiable Instruments Act,1881.

When the party to whom notice of dishonour is despatched is dead, but the party despatching the notice is ignorant of his death, the notice is sufficient.

When a person is dead notice of dishonour should be given to his legal representatives. A notice given to a dead person about whose death the person giving the notice has knowledge is a nullity. It is possible that the holder or any other person bound to give notice of dishonour may not be aware of the fact of the death of the person to whom such notice of dishonour is to be given. This section provides that if the holder, ignorant of the fact of the death, addresses a notice to a dead person such notice will be good.