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Rajesh (na)     24 August 2013

Father's debt

My father has a lot of debts from banks and defaulted credit card payment etc., Half of which I am not aware till  now and God only knows what he does with all the Money.

I am not inheriting a single penny. I have been helping him a lot and I am really tired now.

Now My question is : Will I be liable for all his debts after his death. If that is the case, what should i do to save myself ? 

 

Thanks



Learning

 2 Replies

Kumar Doab (FIN)     24 August 2013

If any creditor approaches you, demand certified copies of all documents pertaining to debt thru your lawyer. Your lawyer would know all documents that need to be demanded. Let your lawyer evaluate the merits. And let you avoid the generic advice and let you go by papers on record only and your lawyer's advice only.

Generically speaking:

If you have not signed as guarantor, co signor, co applicant, co borrower you should not be liable.

If you have inherited any estate/wealth from your father you are liable to that extent.

 AND

 

The pious liability of the son to pay debt of father may not hold if the debt is secured after the amendment in Hindu Succession Act…………….and it may hold if the debt is secured before this amendment.

 

THE HINDU SUCCESSION (AMENDMENT) ACT, 2005:

'6. Devolution of interest in coparcenary property

4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall

recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt:

Provided that in the case of any debt contracted before the commencement of the Hindu

Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect-

(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or

(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or

alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.

 

AND

 

THE CODE OF CIVIL PROCEDURE, 1908: Sec 50(2):

{The obligation to pay the decrial debt is from the estate of the deceased and not from the personal assets of the son.}

50. Legal representative? (1) Where a judgment-debtor dies before the decree has been fully satisfied, the holder of the decree may apply to the Court which passed it to execute the same against the legal representative of the deceased.

(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the decree-holder, compel such legal representative to produce such accounts as it thinks fit.

 

ALL SAID AND DONE If any creditor approaches you:::::::YOU APPROACH YOUR LAWYER.

 

 


Attached File : 73659808 hsa amendment 2005.pdf downloaded: 55 times

K.K.Ganguly (Advocate)     25 August 2013

If you are not inheriting a single penny from your father,  you need not worry at all. 


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