• Debt of dead father

My father died in 2003 and during that time he was in discussion with few people for selling his property. One of his friend, post his death, in 2005 filed a case against me and my mom claiming that my Dad had borrowed an amount of 50K for incurring brokerage & misc expenses towards selling the property. However my Dad was not able to sell the property & we weren't aware about any such borrowings from his friend nor did his friend ever informed us as he was not aware about our address/contact numbers as we moved to a different state.

Post my dads death, after almost 2yrs, we (me & my mom) sold the property to a third person and settled his all debts however at that point in time also his friend never approached us personally.

Few days back one person reached one of my uncles house and said there is a case filed and he came to give the letter & to inform to attend the case next month. However my uncle didn't accept the letter as we are not in good terms with my uncle and he said i will not accept as am not aware where they currently stay.

Now after 12+years of my fathers death am i & my mom still liable to attend the case and do the proceedings. Though i haven't got any information directly. Above information know to me is thru verbal sources.
Asked 1 year ago in Civil Law from Mumbai, Maharashtra
1) you must contest the case filed by your father friend 

2) if you don't contest creditor will obtain ex parte decree in his favour 

3) creditor will take out execution proceedings for attachment and sale of property to recover decretal  amount 

Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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1) it would depend upon reliefs claimed in TV.e suit proceedings 

2) whether your father agreed to pay interest in writing ?

3) without going through case papers it is difficult to advice

4) on account of  heavy backlog of cases suits take years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
The person can go for ex parte decree if he is able to prove the reason as to why he could not claim the amount before the death of your father. Further, if he is not able to supply the correct address of the respondents, which would be you, then the court will not be able to proceed in the matter. the court then will go for publication notice etc but thats a different story however you must contest the case and prove his case to be wrong as he is claiming the money after 12 years of your father death without any reason and proper advice could be sought after reading the case filed by him against you and your mother.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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