• Dead man's loans

My husband dies recently. Now I have come to know that he had taken huge sums of money as loans from private individuals. I do not even know if the persons are telling the truth. As his widow, am I liable to pay his debts, especially as I was not aware of his debt? What if I cannot raise that money?
Asked 2 years ago in Family Law from Dehradun, Uttarakhand
Religion: Hindu
Dear Querist
if you get any inherited property from your husband side then you have to pay his debt too.

but creditor have to file a civil suit before civil court for recovery after issue a legal notice to you and when you received the summon from the court then fight the same on merit.

File a complaint before police if anybody harassed you due to non-payment of loan.
Nadeem Qureshi
Advocate, New Delhi
4213 Answers
176 Consultations

4.9 on 5.0

1) you would be liable only to extent you have inherited assets from your late husband 

2) whether pvt lenders have any document in writing signed by your husband regarding receipt of loan ? 

3) if money was advanced by cash  and they have no documentary evidence lenders  will not be able to file any suit and recover loan amount 
Ajay Sethi
Advocate, Mumbai
32510 Answers
1793 Consultations

5.0 on 5.0

1) you cannot be harmed by money lenders 

2) if they threaten you record the threats 

3) file complaint of criminal intimidation under section 506 of IPC against them 
Ajay Sethi
Advocate, Mumbai
32510 Answers
1793 Consultations

5.0 on 5.0

Hi,  If the husband has borrowed the money it is the duty of the legal heirs to repay the money but if they show any documents that your late husband has borrowed the amount then only you can repay the amount.

2. If the amount is borrowed more then 3 years then question of limitation is arise  so you need not bother to pay them.

3. If they claim the money ask them to proof then only you can arrange for payment or otherwise ignore them.
Pradeep Bharathipura
Advocate, Bangalore
4275 Answers
170 Consultations

4.3 on 5.0

1) take inspection of agreement signed by your late husband . 

2) has you r   late husband issued receipt for cash payments . 

3) refuse to pay . let them move court 

4) you have not mentioned whether you have inherited any assets from your husband . as mentioned earlier your liabilty is limited 
Ajay Sethi
Advocate, Mumbai
32510 Answers
1793 Consultations

5.0 on 5.0

Hello,
1) Ideally if your deceased husband has borrowed money you have a liability to pay.
Legally there is no liability until it can be established on a court of law that he has borrowed money. In the current circumstances it is not easy merely relying on the agreement you mentioned.

2) The debtors can not cause any harm to you. Of you apprehend any you can file a police complaint against the parties concerned and seek protection.

3) Of you cannot raise the money to pay back and you wish to pay you can seek Rome to pay and pay in installments of that is feasible.

4) If you have inherited any property from your husband the debtors can lay claim to s settle their dues against it.
S J Mathew
Advocate, Mumbai
2066 Answers
86 Consultations

5.0 on 5.0

No. they have to proved it before the court that there is any written agreement is exist to this effect and this agreement should be valid.

they have to be proved before the court without and reasonable doubt.

no need to worry, contact a lawyer personally or over the phone, it will be better
Nadeem Qureshi
Advocate, New Delhi
4213 Answers
176 Consultations

4.9 on 5.0

1. The liability to repay the loan is a personal liability which cannot be enforced against others. So you cannot be made liable to repay the loans, if any, taken by your husband.

2. If a lawyer's notice is issued to you for demand of money then reply to it through your lawyer and state clearly that you are not liable.

Ashish Davessar
Advocate, Jaipur
20451 Answers
542 Consultations

5.0 on 5.0

1. To harm someone is a crime. If you receive any threats from the persons claiming to have given the loan to your deceased husband then file a police complaint against them.

2. You do not have to repay the loan taken by your husband unless it can be proved that you were a direct beneficiary of the loan. Let them go to court where you can rebut their claim.
Ashish Davessar
Advocate, Jaipur
20451 Answers
542 Consultations

5.0 on 5.0

if they have any evidence to prove that loan is given to her husband then they can legally recover it out of your husband's property only, which you have received after his death. you are personally not liable to pay it. in lack of proper evidence they can not recover it even from the  court.
Shivendra Pratap Singh
Advocate, Lucknow
4026 Answers
57 Consultations

4.9 on 5.0

1. The debtors shall have to prove with evidence that your husband had taken those loans,

2. Without evidence, no nsuch claim should be entertained by you,

3. However, even if some debts are established, your liability to pay for those debts are restricted to the value of the assets you have inherited from your husband,

4. If you have not inherited any property from your deceased husband, you are not liable to pay any of those debts.
Krishna Kishore Ganguly
Advocate, Kolkata
14655 Answers
340 Consultations

5.0 on 5.0

1. Immediately lodge police complaint against those persons bys ending the complaint by speed post under copy to the S.P.,

2. After that file an application u/s156(3) mpraying for a direction upon the police to investigate and act based on your complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
14655 Answers
340 Consultations

5.0 on 5.0

1. If you have inherited any property, money from your deceased husband then your liability is brestricted to pay his debts upto the amount what you have inherited, not more than that,

2. Before loding such claim, those debtors shall have to prove before the Court that the said debts really exit,

3. You should pay only on court order.
Krishna Kishore Ganguly
Advocate, Kolkata
14655 Answers
340 Consultations

5.0 on 5.0

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