Raghav 01 October 2015

Am i responsible for my father's debt according to indian la

Hello Sir/Madam,

My father is a govt. pensioner. He got lot of debts from various people. I am not sure what kind of documents (like Promissory note, bond, bank cheque, simply written on white paper etc.) he is giving to them. Now if he dies, will I be responsible for his debt. He din't spend the money for us. He is not into alchohol, cigarette or drugs. But he is into some strange addictions i.e. MLM (Multi Level Marketing). He is trying for "Quick Money" techniques and losing all his money but not learning his lessons since more than 20 years.

I am the only son. I am working hard and running my family alone. He is wasting his pension on those businesses and for the interest for the debt. I am very much afraid that if he dies, I may need to pay his debts. I don't have any properties/money/assets from father or my grand parents.

Please clarify me on this. Do I need to do pay my father's debt if its written in Promissory Note or Bond even if I have not signed as witness/guarantor and I don't even know about it.

If the lendors file court case, do I need to pay them when he is alive or after his death.?

I should not be thinking of his death but I am a responsible son and now a father to baby. I should be well prepared for the bright future of my baby.

Thanks in advance.

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4 Replies

K.S.Srinivas (Advisor (HR)) 01 October 2015

Your legal liability to discharge debts contracted by your father extends to the extent of assets inherited from him. Since your father is alive and it does not appear that he has any assets, you do not have even this obligation as on date.

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G.L.N. Prasad (Retired employee.) 01 October 2015

Though, it is not ethical some persons are publishing in newspapers that they are not accountable for the debts incurred by ............

Hindu belief says that the person who dies without repaying debts get the birth of a dog in his creditor's house, and in view of this belief, sons take it as pious obligation to discharge the debts of father.

prabhakar advocate (advocate) 01 October 2015

No, you are not liable to any of his debts, either oral or written. Neither in law nor on moral principles, you are liable to his debts. Even he mentions your name on those debt instruments, you are not liable as you have not consented for such loans. As you are not acquiring any properties or amounts from him after his demise, the borrowers cannot enforce law against you.

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