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chander sahay (j)     16 July 2014

Death of credit card holder

Dear all,

My father was using two credit cards, one in his own name of STAN C and other card is in my mother`s name of HDFC.

Both has an o/s balance of re.33k .  Unfortunately he died a month ago, and i blocked one cc of his name a few days later. 

The address of that card is his official address not residential. No security is attached to it, there is no Will made by him during his lifetime though one house property was in his name on which already a home loan is o/s of 2.25 lac till date. One four wheeler was also in his name on which also there is o/s loan of 2.5 lacs.

I want to know that are we liable to pay his credit card debt and if we do not pay then what will be the consequences?

After his death we have no source of income.

Kindly help?



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 July 2014

Obtain legal heir certificate from the revenue department. And submit the same in the bank and wherever it is needed. So that properties, deposits, liabilities etc. will be transferred to legal heirs.

T. Kalaiselvan, Advocate (Advocate)     18 July 2014

The liability t the credit card payment in respect of deceased card holder will restrict to his assets that are being enjoyed by his legal heirs.  Since the amount of Rs. 33000 being a meager amount, why don't you contact the CC office and get it cleared or get it restructured to repay the same in installments so that you can avoid unnecessary legal hassles.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 July 2014

Dues to a creditor from a dead person shell be recoverable from the estate, if any, left behind by the deceased person. Thus any person who comes into possession of the estate through succession shall be liable to repay the amount. Secured creditors will have the first claim. The claims of unsecured creditors will come only later. If you have come into possession of your father's estate it would be better that you pay up.


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