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Akshat (none)     26 August 2014

Obligation of legal heir

My grand father wants to make my father his Legal Heir.

However, my grandfather still has a property case in High court and there is a possibility that the court may ask him to give back the money he received for the land acquired by HUDA. In that case, will my father be legally obligated to pay the money back my grandfather would owe, even though he didn’t get any share of the pie when the money was received ( provided the will is now in effect )

Any help/advice/reference on this matter would be highly appreciated.

Thank you for your time and consideration.



Learning

 5 Replies

Arpit lalan (Legal Consultancy/Advocate)     26 August 2014

firstly,  your statement  - My grand father wants to make my father his Legal Heir. - 

well, your father is his LEGAL HEIR. your grandfather does not have to write it down. unless in rare cases where the Father disowns his son legally and mentions the same in newspaper etc.

your question is not clear. will is in effect? so has your grandfather already made the will stating what ever within the lifetime of his he is bequeathing the said proceeds etc to your father??

so, ask more clearly.

Arpit lalan (Legal Consultancy/Advocate)     26 August 2014

as much as what i understand is that your trying to ask that if your grandfather bequeaths and devise all his properyy etc to your father than later will your father have to bear legal consequences from a court ruling of a case which your GF is a litigant (defendant).

AS per LAW your father will have to adhere to the court and the judgement.

Kumar Doab (FIN)     26 August 2014

Your father is ClassI legal heir of his father. There I no need to make him legal heir.

Son is not liable for debt of father.

The debt can be recovered from estate of the borrower/deceased borrower.

Thus if your father has inherited any estate from his father the debt on your grandfather can be recovered to that extent only from the estate inherited by your father from your grandfather.

 

 

Akshat (none)     26 August 2014

Dear Mr. Lalan and Mr. Doab,

Thank you both for taking time out of your busy schedule to reply.

Let me re state the issue at hand here.

My grandfather wants to make his WILL and in that, wants to nominate my father to represent him in all legal matters. This would mean he will receive any money we are expected to get on his behalf from the court ( and then distribute them equally amongst all his siblings) and sign any legal document that may be required for the same. 

My question to you is, are there any risks involved in accepting this responsibility. We have a couple of cases in court, wherein, it is possible that instead of getting more money, we would have to pay back some to the court (in case the decision is reversed by the high court, or supreme court)

Few other info relevant to the case

1) My father has 3 more siblings - so I think one of them would need to take this responsibility

2) No property will be inherited by my father from my GF. 

3) My father did not accept any money received by my GF during the case in question.

 Thank you so much

Kumar Doab (FIN)     26 August 2014

The initial response was per your initial post.

To the serve the purpose stated by you the Grandfather can issue power of attorney (POA) to any one including siblings of your father, your father..................................

POA should be carefully drafted by an expert lawyer looking into the facts, circumstances narrated by you......................................

The authorized person should distribute the money received if any to all legal heir under proper receipt if your grandfather  is not alive at that time..................................


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