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Avni Khanna (Software Engineer)     22 November 2014

Liability of heirs in deceased person's amount recovery.

 

I need a help from lawyer community for an recovery notice that has been sent to us.

My father was a director member in Co-operative society. In 2005 one of the director misused the funds and  fraud case was slapped against all the directors and commitee members of the said co-operative society.

In 2011, My father died while the case was still going on. Now recovery officer sent notice to us by Registered AD few months back but postman didn't give it to us as my father was deceased and it was meant for him. Yesterday

recovery officer from district recovery department came in and gave us notice personally for recovery to my mother and took acknowledgment on it.

I need advice on following questions.

1 My father got deceased in 2011. Recovey notice is being sent in 2014. Can such a notice be sent to  deceased person or his heirs.

2 What is the liability of the heirs. Do we need to pay the amount that has been asked in the recovery.

3 How do we prevent Recovery department taking action against us.



Learning

 3 Replies

Kumar Doab (FIN)     22 November 2014

Approach an able lawyer AsAp with all doc's on record. Let your assessment if your father was in fact liable or not, recovery is time barred or not,.... The debt can be recovered from estate of the deceased... Wife or son are not liable.... However your lawyer that has examined the details,doc's,inputs can advise you the best.

Avni Khanna (Software Engineer)     22 November 2014

Kumar,

Thanks for your feedback. It is indeed encouraging.

The only property of my father is the house in which we live. Currently the share certificate for that house is in my mother's name. So as such there is no property in name of my father. But would my mother be accountable for liability as she has inherited estate of my father.

Please advise.

 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 November 2014

The debt of a deceased person will have a charge on any estate left behind by him. The charge will continue even if the estate has been transferred to some other name. You can appoint a lawyer and try your best.

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