• Death of family head and liabilities of the dependent

Sir, my father(age 51) is a govt employee. Recently expired due to ill health. He had borrowed money from many people. 
Dependents (son age 28, son age 26, wife 43). 
Many of the borrowers were threatening that they will file a case against 3 of us to recover their money. We cannot pay them as there are lot of debts. Many check bounce cases were pending against my father.
Please advise that is there any option so that they cannot file a case against us as me and my brother were doing Pvt jobs. My mother may get her salary for next 9 years in the form of da+basic . 

Can we file IP ?

Please advise
Asked 4 years ago in Civil Law

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9 Answers

1) your family is liable to pay father debts only to extent of your inheritance

2) if you have not inherited any property from your father you are not liable to pay his debts

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

they can file case but would not be able to recover any money from you and your family if you have not inherited any movable or immovable property from your deceased father

Pension, gratuity cannot be attached for debt recovery

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Nothing can be recovered from you and family, except from the property mortgage, if any.

Also as per Hindu Succession Act, no court shall recognize any right to proceed against a son for the recovery of any debt due from his father.

File police complain for any threat.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) No, you are not responsible for the debts of your father. At best a charge can be created on his estate/ belongings if any, that he leaves at the time of death.

2) You are not liable to pay the debts taken by your father .

3) Recovery can be made from his estate which he may leave behind and which you inherit.

4) Recovery from you can be effected if you stand surety for the repayment of the money borrowed by your father or in case you are a co borrower.

5) You cannot be made liable to pay from your pocket or personal properties.

6)

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir you and your family are liable for the debt of father for the amount you have inherited from the father. Further then that you are not liable and no case can be sustainable against you/.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See pension is for the survival for the family it cannot be attached so in that case there cannot be attachment against your properties or salary if no inheritance.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dont file IP, it may ruin your future.

The creditors cannot recover the personal loan amount from the legal heirs but they can file a Petition to attach the property lying on his name.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Pension amount cannot be attached.

If there's no property on your father's name, they cannot take any legal action against you people for recovery of his personal loan.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. The legal heirs of a deceased Hindu male are liable to repay the debts under civil law contracted by the deceased only if they have inherited the property of deceased.

2. However, criminal liability abates with the demise of the accused. So the cheque bounce cases pending against your father have abated with his demise.

3. Pension cannot be attached under any circumstances.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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