Inheritance

A.R.Mukundan (Querist) 16 September 2009 This query is : Resolved
A - father of B, is a surety for a debt owed by X to Y. Subsequently A dies. Will B be liable to Y if X fails to repay the debt? Pls cite any case law if possible.riven

Follow Query

Report Abuse

A V Vishal (Expert) 16 September 2009
In my opinion no, but subject to the terms of the surety agreement.riven

charudureja (Expert) 16 September 2009
Well A entered into Suretyship in his personal capacity which is nt inheritable. so his succesor will not be liable as surety after his death,riven

Message likes : 1 times

charudureja (Expert) 16 September 2009
Well A entered into Suretyship in his personal capacity which is nt inheritable. so his succesor will not be liable as surety after his death,riven

Adinath@Avinash Patil (Expert) 17 September 2009
I am in different opinion A,s successor is liable if in recovery suit successor are parties And suit decrred.riven

Message likes : 1 times

n.k.sarin (Expert) 17 September 2009
A's all the successor or one of them, who got property of 'A' is liable to the extent of they got property after the death of 'A' as a successor.riven

Sarvesh Kumar Sharma Advocate (Expert) 17 September 2009
i m agree with mr. n.k.sarin.riven

sanjeev murthy desai (Expert) 17 September 2009
Dear Mukundan,

After the commencement of the Hindu Succession Act 2005 no court shall recognise any right to proceed against a son, grandson, or great grand son, for the recovry of any debt due from his father, grandfather or great grandfather soley on the ground of the pious obligation under the Hindu Law, of such son, grandson, or great grand son, to discharge any such debt.
riven

Message likes : 1 times