LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

prasanna (self)     14 March 2013

Fathers debt

Hi,

 

My father has forty lakh debt because of his business loss. I never worked in his business and I earned money through my job. do I need to pay my fathers debt?  My dad's business partners forcing me to pay, is it legal?



Learning

 2 Replies

Tajobsindia (Senior Partner )     14 March 2013

The burden to discharge debt of a father is casted on son under old Hindu Law against which nothing has been Codified so far. If the debt accumulated by your father is for performing family purpose then pious obligation from son could be debated as social view (payment from earnings from your job is what I hint here as social view).


1.
Your legal liability to discharge debts contracted by your father extends to the extent of assets inherited from him (if any) that also under Civil Laws S. 50 (2) CPC.

2. If your father is alive and since it does not appear that he has any self earned assets as per presented brief you do not have even this obligation as on date is my view.

 

3. If father has died after Amendment in S. 6 of HSA, 2005 no child is bound to pay debt of his father which though is irrelevant addendum nevertheless placed here for avoiding speculative replies by any other replier to this post!


4. If there is any ancestral property held by your father then you and your brother/sister (if any) have right to seek its partition.

 

5. The law is settled that if the son inherits estate of father or who ever is representing estate of the deceased he is liable to that extent only. It is obligation to pay the decreetal debt out of the estate of the deceased and not out of personal assets (income from your job gets reference here for understanding) of the legal heir.

 

6. You also have option / can also file a suit in jurisdiction Civil Court for relief of permanent injunction against your father (if he is alive) directing him not to visit / reside in your residence, not to interfere with your affairs, and not to misrepresent to the public dragging your name to buttress his net worth or repaying capacity for debts.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     14 March 2013

It is an obligation on you.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register