Debt of father,payable by son

Dear Anil,

No, Bank can not attach your self-acquired property.   However, any property etc.which is devolved from the Father to the legal heir, bank can initiate proceedings to attach the same.  Nonethless, the bank has to justify/proove the attachments are valid, if challenged in the COurt of law.  The banker through the Recovery Office can not attach any one's property without having substantial reasons/proof of ownership in hand.

 

Regards,

 

Sujit S. Bhalekar

 

Section 6(4) of Hindu succession act deals with doctorine of pious obligation. But as hereinafter mentioned after 2005 no creditor can move against the legal heirs. I here concur with the view of my learned friend that the creditor may not move against your self acquired property and they can only move against the property you acquired from your deceased father. 

6(4) After the commencement of the Hindu  Succession  (Amendment) Act, 

2005, no court shall recognise any right to proceed against a son, 

grandson or great-grandson for the recovery of any debt due from his 

father, grandfather or great-grandfather solely on the ground of the 

pious obligation under the Hindu law, of such son, grandson or greatgrandson to discharge any such debt:

Provided that in the case of any debt contracted before the 

commencement of the Hindu Succession (Amendment) Act, 2005, nothing 

contained in this sub-section shall affect-

(a) the right of any creditor to proceed against the son, grandson or 

great-grandson, as the case may be; or

(b) any alienation made in respect of or in satisfaction of, any such 

debt, and any  such right  or alienation shall be enforceable under the 

rule of pious obligation in the same manner and to the same extent as 

it would have been enforceable as if the Hindu Succession (Amendment) 

Act, 2005 had not been enacted.

Explanation.-For the purposes of clause (a), the expression "son", 

"grandson" or "great-grandson" shall be deemed to refer to the son, 

grandson or great-grandson, as the case may be, who was born or adopted 

prior to the commencement of the Hindu Succession (Amendment) Act, 

2005

A decree can be passed against the assents of your father in the hands of the LRs if there is any.  there cannot be personal decree against the LRS. The Bank cannot proceedagainst the property of a son whichis his self acquired. Fight out the matter in a court of law.

Does the decree show it is granted as against the assets of father in ur hands.If so all above views r correct. But suit if filed after death of ur father u will be shown directly as defendants and not as lega heirs in which case execution court will not recognise legal niceties. Verify ur records when u came to know of delhi court decree and if u r shown as direct defendants without ur father apply for setting aside exparte decree or seek amendment to show in the decree as against assets of ur father. So long as u can show ur property is self acquired bank cannot attach ur property. But do not take things for granted.