Recovery of debt of deceased person from spouse

Wife of your friend rightly said "she can only take moral responsibility of her husbands loan but cant repay". With no documentary proof excepting bank account transaction,it would be difficult in the Court. But you can try.

You can proceed against Wife of your friend if you can prove that she inherited assets from her husband (your friend) and then she is liabile atleast to the extent of value of the asset to honour the commitment made by her late husband.

Court cases take very long time and in big cities, take months even to get numbered, leave alone coming up for arguments etc. Final judgement may come after a decade, by which time even by the kind of interest Courts permit, the amount shall be very high.  So, on your next visit have a meeting with the lady alongwith her Parents and try to resolve the issue as amicably as possible.

I am with Mr. Siva rama prasad Kappagantu,  in appreciating his statement.

Agreed with Experts.

However take care so that your claim is not barred by limitation.

What do you mean by 'trust note'?   Is it a written note? There are many types written evidence for loans such as a pronote,  IOU etc?  As you are abroad there would have been written correspondence between you and your friend regarding his request for loan, acknowledgement of receipt of the amount, bank transfer records etc. What was the purpose for which he got the loan from you? Some of the purposes create capital assets and also other creditors.  As it was only a short period between your giving loan and his death, you can get history of withdrawal of the amount from his bank. The kind of assets he could have left behind are immovable property, amounts in bank other instruments like shares, fixed deposits etc.

If there was immovable property and other assets transferred or not yet transferred to the names of others, cash in bank still remaining or already spent by his wife or other heirs and any other assets, you can make a claim. You send a lawyer notice to her asking her to pay up the amount. Alternatively ask her to give a list of assets, with values, left behind by her husband immediately at the time of his death. Grocer's bill, doctor's bill, hospital bill etc will have priority. There may be other creditors with priority over you. Most probably the wife will neither pay nor give a list of his assets. You will have to get a court order for the details and if necessary to freeze bank deposits etc. If your friend had left behind nothing you are at the mercy of his widow.

Dear Mr. Ashok

                               WHAT MR. SIVARAMAPRASAD HAD SAID IN THESE COLUMNS IS EXACTLY CORRECT . EVEN BANKS HAVIVG DOCUMENTS EXCUTED BY THE PERSON FOR UNSECURED LOANS CANNOT RECOVER THE DUES FROM THE LEGAL HEIRS OF THE PERSON . BUT ONE THING IS THAT IF THE WIFE HAD INHERITED THE ASSETS OF HER HUSBAND THEN THE LENDER CAN SUE HER IF THE LENDER HAD PROPER DOCUMENTS TO PROVE THAT HE HAD PAID THAT AMOUNTS TO HER HUSBAND ONLY AS A LOAN . BUT IN YOUR CASE EVERYTHING IS THROUGH BANK TRANSFER ONLY . CAN YOU SATISFY THE COURT THAT THE AMOUNTS SENT BY YOU IS THE MONEY LENT BY YOU TO HER HUSBAND . IF THE WIFE TAKES THE STAND THAT THE AMOUNTS SENT BY YOU TO HER HUSBAND IS THE AMOUNT THAT YOU BORROWED FROM THE FRIEND OF HER HUSBAND WHEN YOU WERE IN INDIA AND YOU WERE REPAYING THE AMOUNTS IN INSTALMENTS THROUGH HER HUSBAND'S ACCOUNT AND STILL YOU HAVE TO PAY SOME AMOUNT TO HER HUSBAND'S FRIEND. IN SUCH A CASE WHAT YOU WILL DO? THINK OVER IT AND ACT ACCORDINGLY- JOSEPH WILFRED - 6/9/2015 AT 18.33 HRS.    

Dear All,

Thank you for the responses.

To Dr. MPS Ramani

My definition of  'Trust note' means trust by word of mouth.

Though there is no formal document between self and deceased friend, I had transferred the funds via a bank transaction and he has confirmed me of receipt of funds on whats up message.

Let me try my luck.

Once again thanks for all your support.

Dear Mr. Ashok

                            NOW A DAYS  YOU ARE TRUSTING THE WORD GIVEN BY YOUR FRIEND . IN THESE DAYS NOBODY CAN TRUST ANYBODY . THIS I LEARNT FROM MY EXPERIENCE . I AM NOW 59 YEARS OLD . - JOSEPH WILFRED - 06/09/2015 AT 19.16 HRS