• Who is responsible of debts if a person expires suddenlt?

My uncle expired suddenly and his family is getting surprises everyday from people asking for money. I know my uncle needs to pay people but he has not left anything with the family so they can sell and repay. I wanted to know what is best option and also want to know if is the family responsible for repayments of debts? Please help as my uncle expired 3 days ago and already see people calling and coming to ask for money?
Asked 7 years ago in Civil Law

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10 Answers

Dear Querist

if your uncle left some assets or property to his legal heirs then only they can be responsible otherwise they are not responsible to repay his debts.

if anybody call or demand his/her money and disturbed the life or his family members then criminal complaint can be filed against them before police or criminal courts.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1) family is responsible for payment of debts only to extent that they inherit property from deceased uncle

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1) if you do not have assets and have more liabilities you can file for insolvency

2) contact a local lawyer and file for insolvency before district court

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. It appears your uncle had taken unsecured loan. Unsecured loan means taking money without mortgaging a property.

2. So if a person dies without clearing unsecured loan then the legal heirs are not liable to make repayment.

3.There is no need to file bankruptcy as his widow and children do not have legal liability to make the repayment.

4. Since they have no liability then can lodge complaint of harassment and threat with local Police.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Your aunt is liable if she has issue cheques

2) if she does not have money to pay her debts she can declare herself as insolvent

3) on death of uncle legal heirs liable if they inherit any property of deceased

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Giving cheques will not alter the position either.

Take out the money lying in the a/c of your uncle and lodge a complaint with local police about theft of his ceue book.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The family of the deceased are not liable to the personal loans taken by the deceased during his lifetime. If they still torture your uncle's wife, she may lodge a complaint agaisnt her or can issue a legal notice stating that she is not knowing anything about it and she cannot be approached for repayment or should be tortured by frequent demands and visits.

Failing which she may approach court seeking to take action on them.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

Also my uncle had his business and can we file bankruptcy and what is the procedure.

The business dealings have to be taken care by the legal heirs of the deceased if he was the sole proprietor.

Filing an insolvency petition shall depend on the prevailing circumstances.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

The are some people who have my uncle cheques which was given while borrowing money and some people also have my aunts cheque too, What to do?

Your aunt has to be careful about the cheques that are in her name.

She should not worry about the cheques given by your uncle, because the creditors cannot initiate cheque bounce case against the dead persons.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. If the legal heirs of your uncle have not inherited any property from him then the debts of your deceased uncle cannot be enforced against them. They are liable to repay his debts only if they have inherited a property from him, not otherwise.

2. For the cheques issued by your aunt she will be liable to criminal proceedings if they are dishonoured.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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