Amount not sufficient !
Aftab4u
(Querist) 28 April 2012
This query is : Resolved
Dear Experts,
A person who used to work in State Govt of AP has expired after his expiry the legal heirs came to know that he has taken the personal loans in the banks and in private chits and the total amount of the debts are near to 6 lakhs but the final settlement amount of his service is only of 2 lakhs that is full and final amount of gratuity etc., and the person who has been appointed on compassinate grounds his net salary is only 4500/-pm..some amount is already deducting from the salary of the person who has been appointed on compassinate grounds.
My question is that in 2 lakhs itself can we settle for banks and chits stating that this is the final amount receivable from his service and they need to adjust in the said amount as the person who expired has not left any property so that the legal heirs can sell it and pay to them.
Pls advice how can we close this issue its pending from past 3years and the interest amount is mounting up month by month and the issue is not getting solved.
Pls advice how can we settle this issue.
Thanks in advance
ajay sethi
(Expert) 28 April 2012
did the deceased have any property?did the legal heirs inherit any property from deceased
you have stated that he has received amounts only rs 2 lakhs . try to arrive at settlement with the lenders .
Aftab4u
(Querist) 28 April 2012
Sir,
No the deceased doesnt have any property and not left any property on family members name.
The Concerned officers of the office where the deceased son is working They are forcing us that total 6 lakhs should be paid for full and final settlement . dont have property to sell nor enough salary to pay and moreover till the demisal of the deceased the family memebers are now aware of personal loans.
Pls advice should we approach the Hon'ble court to sort out the issue on what basis should we moveahead.
ajay sethi
(Expert) 28 April 2012
if the deceasded did not leave behing any property and you have not inherited more than 2 lakhs refuse to pay rs 6 lakhs .
for personal loans there is no ssecurity .
contact a local lawyer
prabhakar singh
(Expert) 28 April 2012
Heirs of deceased are not legally bound to discharge the debt.Only 200000/=00 can be attached by creditors by a law suit of recovery of debt provided limitation for suit is surviving.Limitation is 03 years from the date of loan advanced or last payment or acknowledgement made in writing.
SAINATH DEVALLA
(Expert) 29 April 2012
How can the officers force you to pay 6,00,000-.They have nothing to do with the loans obtained by the deceased outside.Contact the banks and other financial institutions and request them for an amicable settlement within the means you have.
RAJU O.F.,
(Expert) 30 April 2012
You can only apprise the bank/chit company the actual position and request for amicable settlement of the dues with the available amount. The legal heirs liability is only for the estates inherited from the deceased person. Since you have not inherited any properties, you don't have any personal liability. At the most the bank/FI can file suit against you and get a decree which can be executed for the sale of any properties and assets owned by the deceased person.
M V Gupta
(Expert) 02 May 2012
I agree with the experts opinion that the son's liability in the instant case will be to the extent of Rs. 2 lakhs only. the Officers of the State Gov cannot compel the Son of the deceased to pay any thing beyond the amounts inherited by him.
Shonee Kapoor
(Expert) 04 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Aftab4u
(Querist) 22 May 2012
Thanks a ton sir for ur valuable guidance.
AFTAB
