Liability of son for father febts
virender mahajan
(Querist) 16 February 2013
This query is : Resolved
Respected experts.
I am ca virender .my father was liquor a class contractor till 1998 .i was less than 18 yrs at that time .but after some years i came to know that he have left govt as well as private debts. I asked my father he refused for debts.sir i am married. My father is alive . I want to know as i am son whether my personal asset will be attached. And if my father unable to pay debt then i will be jailed.pls clarify with ur guidance.my father was sole proprietor
Arvind Singh Chauhan
(Expert) 16 February 2013
Your personal assets can not be attached.
You can not be jailed. Only your father is liable and his personal assets can be attached.
virender mahajan
(Querist) 16 February 2013
Debt previous to year 2004 that is 1998
prabhakar singh
(Expert) 16 February 2013
Creditors can enforce action to realize their debts only and only against person or property of their debtor AND NOT AGAINST PERSON OR PROPERTY OF HEIRS OR RELATIVES.
SO FEEL FREE AND LIVE IN PEACE WITHOUT ANY FEAR.
Advocate Ramesh
(Expert) 16 February 2013
Under any circumstance you cannot be jailed. If you are having record for purchasing properties by own earnings then there is no problem.
virender mahajan
(Querist) 16 February 2013
Thanks to respected experts. As per my knoweledge hindu law applies to these problems and prior to amendment in yr 2004 the well settled law is legal heir are not personally liable .but his share in asset inherited from father is only to be attached.
prabhakar singh
(Expert) 16 February 2013
Hindu law does not apply to all debtors coming from any religion.
As of now law on the point is common and is one stated by me in my earlier post.
In past, Hindu law was different.Sons were bound to discharge father's debt (if not used for immoral acts)under rule of 'pious obligation'which was said good by an amendment.Hence now things are at par for every debtor's son(heir)irrespective of his religion.
virender mahajan
(Querist) 16 February 2013
Dear sir .
Since in my case my father debt is of year 1998 .and there was amendment in yr 2004 in hsa 1956 that legal heir not personaly liable .but this amendment is prospective .but my father debt is of yr 1998 so this amendment doesnot applies. I am from himachal. .i want to know whether personal asset will be attached i am hindu .whether i wiil be jailed in any case i am very worried .i am maried .please clarify with reasons please help me experts
