Is the legal heir responsible for the debt after death

Yes. legal heirs of the deceased govt employee is liable for debts even the deceased no properties.

It depends upon for what purpose the debt was taken by the deceased, generally the legal heirs are liable to pay the debts for the deceased person even if the deceased didn't left any property behind him .

Sir,

With due respect to the Experts, the legal heirs are liable to remimburse the creditors only if they have partaken in the property of the deceased in any manner whatsoever.

Good Luck,

Kishor Mehta

I shall make things easier, giving details as per the law.

 

Legal Heir is NOT liable for the debts of the deceased if such Legal Heir has not inherited any asset from the deceased. Even if inherited, such liability shall be to the extent of the asset inherited.

 

In case Legal Heir has not inherited any property from the deceased, Legal Heir has  no liability.

 

So the key is whether the Legal Heir inherited any property from the Deceased. Deceased being a Government Employee is a not a relevant fact in the matter. No separate rules for deceased Government Employees.

 

But and again a B I G but is there.  If the Legal Heir is having certain properties which he claims as his own. It is the responsibility of Legal Heir to prove that he has not inherited the property fromthe Deceased.

 

In case the Legal Heir signed papers giving Guarantee or Coobligation (Joint Borrower),irrespective of fact whether he inherited any property or not, Legal Heir shall be liabile which is arising out of the document signed.

 

Hope matter is clear.

Coming to purpose of loan. If the Deceased has taken the loan for the benefit of family. He died penniless ie. no assets passed on to family members(legal heirs). It is only moral responsibility of the legal heirs to clear the debt made by their Deceased (probably) father to clear his name. No legal compulsion for the Legal Heirs to repay the debt if they did not inherit any properties, despite the fact they themselves have properties in their own name, which they can prove as self acquired.

 

Normally, when a father dies with debts left out, Family members feel the responsibility to clear the loan somehow but do not run to Lawyers to find out whether they can shirk the moral responsibiity.

It is beleived that the deceased was Hindu and no decree is issued by court.

Such queries have been discussed at LCI also many times and in this thread also experts have shared opinions.

You are liable to pay your father's debt, only to the extent of the estate you inherited from your father, and not beyond that. If you did not inherit anything from your father, you are not liable to pay anything.

 

It is suggested the querist may consult an able counsel with copies of all docs on record and proceed further under expert gidance of able counsel.

 

IN the meantime you may go thru:

 

https://www.lawyersclubindia.com/experts/son-liability-in-case-of-father-debt-195181.asp#.VpHsNU9-jMo

 

Nagindas Madhavlal Sandesara vs Kodidas Mangaldas

https://indiankanoon.org/doc/1076779/?type=print

 

https://indiankanoon.org/doc/1790219/?type=print

 

based on debt, if it is legal  ( for family benefit) legal heirs r responsible, eventhough there is no property. if debt is illegal (for boozing,gambling,and such other illegal ) u r not responsible. 

Aggrieved Parties are entitled to compile more questions aranged seriatm and have a general power of Attorney through a Magistrate and have the instrument registered with the Concerned Bank/Branch Concerned.Only Modification is to have the phot attested by the concerned Magistered.A procedure which will bring better relationship with the Bankers...