sudheer d 17 April 2018

What happens to the civil case if the defendant is deceased

My Father took a 1 lakh of loan from my relative by providing promisory notes and cheques of two 50000 /- . we are paid more than we can through interest but due to unfortunate our financial situation is very bad and we are unable to make payments then my relative appeared to court to recover the money but they have come up with a new amount of more than 6 lakh rupees which is very high amount and we are unable to fight in the court and we lost the case in District court so my father appealed in state high court and the case was running in court and suddenlt due to my dad ill health he has died now with heart atack. suddenlt after few months we received a notice from town court to attend the court for hearing. we are not tie up any agrrement with my realtive that we pay of the money incase after my father death now we are deep financial problems we do not have money to afford for court/lawyer fees, my father is a govt employee he is about to recieve funds from the place he worked but that money is not enoguh to pay off the debts all the money will go towards the house loan. being a legal hiers we are not in a position to pay off the debts .

I dont know what to do now and how would i respond to that notice can some one please help me and provide any adivce is really appreciated.

Thanking you

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6 Replies

Adv Deepak Joshi +917017821512 (Advocate) 21 April 2018

You need to check the petitions filled by your opponents and check what they have presented in it regarding the sum of six lacs.

If the court is satisfied abut the liability of your deceased father as the amount court decides then that will recovered from the legal heir of father. But if your father has not passed any asserts to his legal heirs then there will be no recovery from his legal heirs.

sudheer d 21 April 2018

Thank you Deepak ji

Thank you for your response Deepak ji.
if you could provide me your private email address then i will be able to send the petition filled against our father.

Seoula Vas (none) 23 April 2018

Mr. Sudheer,

You have received the Summons from the Hon'ble Court as the Plaintiffs (your opponent relative) has applied for jooining you as party to the proceedings in capacity of being Legal Heir. It is important to note the contentions of the opposite party in their Petition and also what was your father's reply before the Disrict court. The reasons for judgement in favour of the opponents is also important as you have preferred appeal. It is likely they have come up with the amount of 6 Lacs calculating interest but since there is no Agreement drawn as such, the rate of interest can be challenged. Best option for you is to settle the matter if you cannot afford to fight it out. Alternatively, approach some Legal Aid service in your town for free legal representation. Apply to the Hon'ble High Court for the same. Which State are you from?

sudheer d 23 April 2018

Hi
we are based in Telangana, Hyderabad, India

the actual case is running in High court as my father deceased the case is not going to run so they have reapplied in the district court on legal heirs that we need to pay off their money . we do need free legal support . could you please guide me how to approach for free legal aid/support.

Everyday we are going through deep depression and stress due to these notices and it is finding very hard to fight against them because no money with us. everyday going through lot of pains thinking of suicide thoughts.
we are happy to pay off the money once we legal heirs are settled down and clear all our obstacles but now it is not right time for us. it is only a month ago my father expired people are filing court notices on us what my father owes them the money.

Seoula Vas (none) 23 April 2018

Originally posted by : sudheer d
	we do need free legal support . could you please guide me how to approach for free legal aid/support. Everyday we are going through deep depression and stress due to these notices and it is finding very hard to fight against them because no money with us. everyday going through lot of pains thinking of suicide thoughts. we are happy to pay off the money once we legal heirs are settled down and clear all our obstacles but now it is not right time for us. it is only a month ago my father expired people are filing court notices on us what my father owes them the money.

APPEAR BEFORE THE DISTRICT COURT AS PARTY IN PERSON ON THE DATE YOU HAVE BEEN SUMMONED AND MAKE THE ABOVE SUBMISIONS BEFORE THE HON'BLE JUDGE. MENTION YOUR DISTRESS AND NEED FOR FREE LEGAL AID. THE JUDGE WILL DIRECT YOU ACCORDINGLY. MENTION THAT YOU ALSO NEED TIME. DO NOT BE AFRAID TO SAY THESE THINGS BEFORE THE JUDGE.