Legal heirs liable
gopinathan
(Querist) 28 February 2014
This query is : Resolved
My cousin sister husband died in an accident on 17/03/2013. one of his creditor filed a suit against my sister and her children (one is minor)
Claiming that
your husband borrowed a sum of Rs.3,00,000/- on 22/09/2011 by executing a Promissory Note and promising to repay the same on demand with interest @ 24%.’
Now, your husband is no more, you are all (my sister and children) his legal heirs having inherited the estate of your husband, all of you liable to discharge the debts of your husband.
And also claiming attachment of my sister and children property before judgment.
The Promissory note is signed by her husband only
She did not know any thing about the debts and how mush money is really borrowed.
She only known that there was some transaction between them ( i.e. Chit transaction)
There is no property vested by her Husband name.
What is liability of my sister in this case ?
Sir please help me
- gopinathan
ajay sethi
(Expert) 28 February 2014
she has to take defence that she has not inherited any property of her husband . she would be liable only to extent she inherits from her husband . she has to defend the suit
Rajendra K Goyal
(Expert) 28 February 2014
She should defend the suit with the given facts stating not inherited any property from husband. Engage a local lawyer.
Kumar Doab
(Expert) 28 February 2014
Rightly advised by experts.
Proceed further local lawyer handling such cases.
gopinathan
(Querist) 01 March 2014
Thank you Mr.Ajay sethi
Thank you Mr.Rajendra K Goyal
Thank you Mr. Kumar Doab
