Son's liability to discharge the deceased father's debt
sreedevi
(Querist) 10 October 2017
This query is : Resolved
I have obtained money decree against the deceased father during his life time. After his death his son got his father's job on compensatory grounds. can i recover the decree amount from son by attaching his salary.
Azhagananth
(Expert) 11 October 2017
section 6(4) of the Hindu Succession (Amendment) Act, 2005*
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.
Explanation. —For the purposes of clause (a), the expression “son”, “grandson” or “great-grandson” shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act
Rajendra K Goyal
(Expert) 11 October 2017
Salary is paid to son for the work done by him. It is his personal income. It can not be attached till it is established that liability to pay any debt is his personal liability. The children cannot be made to pay the debts out of their personal assets.
It can not be attached only due to the reason his father is Judgement debtor.
Recovery can be effected from the estate left by the father.
You have not mentioned:
When the loan was taken?
When the case against father was decreed?
P. Venu
(Expert) 11 October 2017
The recovery could be effected from the estate of the deceased father, if any, inherited by the son. The job obtained on compassionate ground does not constitute an estate of the deceased father.
sreedevi
(Querist) 11 October 2017
Sir, the loan was taken by father on 12-08-2010 for his family necessities, as he failed to discharge the debt a suit was filed against him and the same was decreed against him on 22-12-2013, subsequently father was died leaving his son who got the father's job, no property was left by the father.
Rajendra K Goyal
(Expert) 11 October 2017
Son is not liable in the given circumstances.
