• Liability of legal heirs when father dies

Dear Sirs,

we are a family of 5 members. Father, Mother, Myself(son married), brother (unmarried) and sister (unmarried). My father died in the month of July, 2016. Later we come to know that we have debts to the tune of Rs.16 lacs by way of executing promissory notes.

My father and my mother together owns an apartment which is a joint property (50:50) mortgaged to bank towards Housing loan.

Out of the lenders to whom we need to pay, there is a financier from whom my father has taken a sum of Rs.1 lakh in 2012 for Rs. 3/- interest rate and my father executed 2 BLANK promissory notes (only signed) and 2 cheques. My father also repaid an amount of Rs.1,18,000/- till 2016. 

After my fathers death, the financier is telling that the sum of Rs.1,18,000 is only towards interest and the principal amount is still existing. Ans also he is threatening me that he will file a case against me for the recovery of money by filling false amount for Rs.5 lacs and attach the apartment where my mother stays towards his claim.

My question is whether we are liable for my fathers debts?
My fathers share in the apartment is not yet shared by us as of now.

Please guide me what precautionary things/steps I can take from my side to safeguard my family from the Blank Promissory Notes.
Asked 7 years ago in Civil Law

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6 Answers

1) your family is liable for father debts only to extent of property inherited by the family members on father demise

2) you have not mentioned what is the value of father share in flat and the value of the flat as on date

3) if the loan amount is substantial better option is to let bank auction the flat for repayment of its dues .

4) in case fiancier files any case to rrecover the loan amount deny your liability to pay

5) atke the plea that you inheirted only liabilities and no assets on father demise

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

The debts of your father can be enforced against his legal heirs if they have inherited a property from him. The maximum he may do is file a civil suit for recovery which can be contested by you in defence.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. The loan taken my your father seems to be the unsecured loan and if that is so then you being his legal heirs are not liable for repay the loan.

2. In that event on the death of your father the liability to repay the loan relinquishes and hence there is no question of attachment of any proeprty on his death.

3. So ignore sch threats and if they pressurise much you can lodge complaint with local police.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. You and/or your mother is liable for the debt of your deceased father only to the extent of the value of the properties you have inherited from him and nothing more.

2. For example, if he has a debt of Rs.10 lakhs and you have inherited property worth Rs.6 lakhs from him, then you are liable to pay Rs.6 lakhs only to the lender and nothing more.

3. Moreover, no body can commercially run money lending business without availing license from the RBI and also can not charge a rate of interest higher than what has been prescribed by the RBI.

4. You should challenge the accounts submitted by the lender and also the legality in his charging 3% interest per month which comes to 36% per year.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

take a written declaration from him in form of notice regarding to all dues. thereafter file a case against him, he has no right to take such a high interest rate. 36% annual interest is void under section 16 of the contract act.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

The legal heirs of the deceased are not liable to pay the debts of the deceased.

The legal heirs if inherit the properties or assets of the deceased then they would be liable to pay the debts to that extent of what they availed.

Since the property jointly owned by your parents and the same is already under mortgage loan it cannot be attached towards security without NOC from mortgagor.

The share of your mother in that property is not liable for attachment to repay your deceased father's debts.

The financier cannot claim the repayment from the legal heirs of the deceased borrower when no collateral security was furnished towards the loan amount.

You can refuse to pay the loan amount and may ask him to proceed legally which you can challenge as per law since his claim against you shall not be maintainable.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

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