Whether deceased father's debt (PL) is payable by son?

Vigneshwaran (Querist) 12 September 2015 This query is : Resolved
Dear Sir

My father had taken personal loan with one of the private bank in mid of 2006. He passed away in Oct 2006 after clearing 3 successful EMIs. I am normal salaried person and not in position to repay my father's debt now. Bank through their various channels continously chasing me all these years for repayment of my father's loan outstanding amount. Kindly help me to advice I must liable to repay this.. since I felt depressed due to this all these years. HELP ME with legal advice.

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Vigneshwaran (Querist) 12 September 2015
Please advice

SAINATH DEVALLA (Expert) 12 September 2015
Actually the loan taken by UR father is time barred as per the limitation act.
As per section 6 of the hindu succession amemdement act 2005,the legal heirs are not bound to pay for the deceased father's debts.Hence issue a legal notice to the bank and also enclose a copy to the recovery agency.

Vigneshwaran (Querist) 12 September 2015
Thanks a lot Sir. Can you please help to guide exactly with what needs to be stated in our legal notice to bank? Do I also need to attach original (or) attested copy of father's death certificate? Then, if I proceed to initiate this notice to bank, am I creating any relationship with bank from which they can claim entire debts against me? Am just worrying on this part.. Hence wish to get it clarified with you.. And, it seems that No insurance taken by my father while availing his personal loan.. Kindly advice me. Your previous reply to my query brings a smile on my face and I have taken a deep breath with your answer and kind support.

Rajendra K Goyal (Expert) 12 September 2015
The loan seem to be time barred, record the threatening and in case of need inform police.

SAINATH DEVALLA (Expert) 12 September 2015
No bank has no right to claim repayment of the loan on two counts(1) Its time barred and (2) U are neither the co applicant or the guarantor.

Hence to avoid further encounters with the bank and the collection agencies immediately issue a legal notice,stating the facts.UR local lawyer will tell U whether to enclose UR father's death certificate or not.

In case the collection agency or the bank officials are harassing U lodge a police complaint regarding the same with the help of a lawyer.

Guest (Expert) 12 September 2015
Better Ignore Them and just file a Police Complaint for any Harassment.By sending a Legal Notice you might Involve your self in the Loan that is Time Barred and Not Yours.

Kumar Doab (Expert) 12 September 2015
Record all calls and mention that you have not taken any loan and no one should harass you any more and call you again.

Let them thread/coerce you during phone call and you may lodge a police complaint with the help of your lawyer and ask your lawyer to intervene and pursue to put a full stop to calls.

SAINATH DEVALLA (Expert) 13 September 2015
Rightly concluded by the two Lr.experts.

Vigneshwaran (Querist) 13 September 2015
Thanks for all your advices and guidance Sirs.. Will manage it accordingly.. In case if I require any help I will get back to you.
I will simply ignore them as of now.

Whether deceased father's debt (PL) is payable by son?

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