• What to be done to avoid harassment by debtors of my father.

Dear Members,

My father has taken loans on individual capacity of which the family was aware of. Recently it has come to light when some of the lenders were following on these. In the absence of my father at home, me and mom have to face the harassment by the lenders and they insist to clear the loans by us. We know that me and my mom are not liable to pay these since we are not the party to the transactions and we have no inherited property from my father. IS THERE ANYTHING WE COULD DO TO AVOID/STOP THESE HARASSMENT BY LENDERS LEGALLY. Please suggest.

Regards
Sreenivas
Asked 6 years ago in Civil Law

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

Dear client, 

Definitly you are not liable to pay father's debt.next they call or come, call the police. Or file FIR for criminal intidimation.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Record the threats 

 

2) file police complaint against callers for criminal intimidation under section 506 of IPC 

 

3) you and your family are not liable to pay your father debts as you did not inherit any property from your father 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

If they cause harassment to your father or your father then you can lodge complaint with Police.

The creditors have legal right tor recover the loan but they can not resort to extra judicial means as it appears.

So inform the police and go for registration of FIR if threat worsens.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Legal heirs cannot be held liable personally and once a person dies, only his estate is answerable to claim of the lenders. Not having inherited any assets/valuables, you and your mother are not liable to clear the personal debts of your father.  Report this matter to the Police. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

File police complaint against the lenders for harrasment and ask lenders to file suit for recovery the court shall decide same 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are not liable to pay the debts taken by your father. Suppose father's debts amount to Rs. 5 lakhs and son did not inherit anything. Then he is not liable to pay off his father's debt.

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File a suit for injunction restraining those persons from interfering in the peaceful possession of your property and also file an interim application under order 39 rule 1 and 2 of C.P.C seeking ad interim exparte injunction in that way you can stop them from entering your premises.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

what type of loan was taken by your father?

if it was unregistered you can make a police complaint to stop them harassing you at your house,

 


as you have not inherited any property you are not liable for his debts

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Dear Sir,

 

-  son is morally entitled to pay off his father’s debts if the amount borrowed for the welfare of his family.

- Since you have not inherited any assets from him or been a direct party to the sum borrowed (guarantor, surety or executor of the promissory note), it is highly unlikely that you are legally entitled to pay off his debts.

- Besides, you can approach to nearest police station against harassment and threatening from debtor. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Lodge a police complaint in this regard.

If you know their address then write them stating that you and your family is no way held responsible for the loan and to stop approaching you by them in future failing of which you will file harresmemt case against them.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can file police Complaint or FIR as the case demands. You can also file private Complaint in court for the same

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1. Your father's legal heirs are not liable to repay his debts. Repayment of debt is a personal liability of the debtor unless someone has stood as a guarantor.

2. If you have not inherited any property from your father then you owe no liability to the lenders.

3. A police complaint under Section 323 and 506 IPC can be filed if harassment continues.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You issue them a legal notice instructing them to refrain from indulging in such illegal acts of threatening you in the =name of demanding the return of loan amount borrowed by yor father and ask them to follow the due process of law instead of such illegal acts.

Alternately you may also lodge a criminal complaint agaisnt them with the local police for initiating legal action agaisnt them for such undesirable activities.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you and your mom have been harassed for recovery of the amount.
  2. Firstly, let me tell you that in case the person dies who took the loan from the bank but not against any property then also the family doesn’t have the liability to pay off the same.
  3. So, the same rule applies to the any private financial institution of no property is involved.
  4. In fact you should first check as to whether they are registered money lender or not.
  5. If yes and your or your mother's name and signature would have been there in the registered agreement (if any) then you were liable for the same.
  6. You should file a suit before the court of civil law for injunction from further harassment from them as you both are not liable to pay as per law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer