Legal heirs of deceased mother
Rajkumar Nanubala
(Querist) 08 March 2017
This query is : Resolved
I am the only daughter. A house is registered in the name of my father and mother. My mother expired. Now my father wants to put house papers for loan. He bought the house with his pension pf. Now without my consent can he sell or take loan on that house. Who are the legal heirs of my deceased mother. My father is a drinker. He has debts from different persons. Am I responsible for his debts after him. Without my knowledge he took debts. Please clear my doubts.
Adv Shailendra Deshpande
(Expert) 09 March 2017
Dear Friend,
Since father's name is registered on home documents and also you have mentioned that he has bought house through his pension & PF, he is legally owner of property & can do anything he want as long as he is in state of sound mind.
Shailendra Deshpande.
Kishor Mehta
(Expert) 09 March 2017
Sir,
(1) If the name of your mother is registered in the ownership document then she is a co-owner, and her legal heirs, that is you and your father, are equal beneficiaries.
(2) You are liable for the debts of your father ONLY IF YOU PARTAKE IN HIS PROPERTY.
Good luck,
Kishor Mehta
Kumar Doab
(Expert) 09 March 2017
It is believed that you are Hindu.
Confirm!
Kumar Doab
(Expert) 09 March 2017
The 1st right on self acquired property of Hindu woman is of her Husband,sons, daughters……………..
So you have a share.
So your father has a share.
ASAP Submit the death certificate, legal heir certificate/affidavit as applicable/acceptable in your state/location by the authority under whose jurisdiction property falls to record inheritance and obtain latest mutation record showing inheritance and ownership.
The sensible lenders should avail proper legal opinion before passing loan and lending.
The mutation record shall share owned by you.
It may ask for your consent.
You are not responsible for debts of your father.
Debt can be recovered from estate of debtor/borrower.
You may think upon disposing your share, if it suits you and if it is possible, in your case.
Rajendra K Goyal
(Expert) 11 March 2017
Repeated query, no reply:
http://www.lawyersclubindia.com/experts/Legal-heirs-of-deceased-mother-634546.asp
