Legally they can not recover your father's due from you.
You can defend it legally.
Sir my father was died on 05.06.2004, while he was in Govt (KWA).service? He had a departmental liability for an amount of Rs.275000/-. Now the Authority has decided to recover the liability from my salary, since i have appointed as LD Clerk through compassionate employment scheme. Please specify, have any Rules to recover that liability from my salary?
Son is liable to pay father debts to extent of his inheritance
if you inherited property from your father you would be liable
It is illegal and there is no provision to recover the debts of your deceased father from your salary.
You can file a writ petition against your department if they do that.
With the coming of Hindu Succession Act, 1956 this pious obligation of the son to pay debts was converted into his legal obligation. ... The heirs are now absolutely liable for all the debts on the share of the property inherited by them. However, if they inherit nothing, they need to pay nothing to any debtors
Similarly, if the debt is bigger than the value of the estate inherited – the entire estate will go into servicing as much of the debt as possible, but the inheritor will have no personal obligation to pay any debt beyond that.
If you have not inherited any property from your father's estates then you dont have to pay anything.
Yes you have the liability to pay the amount taken by your father you are the legal hair and the beneficiary of service and property
Hi,
If you hold the job through compassionate employment scheme, the debt taken by your father will be recovered from you. But ensure that the same is recovered in easy installments from you.
In this respect, it is necessary to confirm the terms of agreements of loan entered upon by your father and the department concerned.
- No, as per law, your salary cannot be attached for the debts of your father, because father and son`s assets will be treated as their respective separate properties.
- Moreover , if you got property of father both movable or immovable properties through inheritance then only , your liability to pay the debs , after selling those inherited property.
- Hence, even you have joined the said job on compassionate ground , then also you are not responsible for the debt liability of your father.
- But, if you were a guarantor of the said fund taken by your father , then only you are responsible for paying the same, othewise they cannot legally recover the said amount from your salary.
the sons liability over the father debt is limited the debts need to be recovered out of the assest bequeathed by you through your father only you need to seperate own earnings and the properties bequeathed by you through your father. if there is no property bequeathed by you through your father you need not need to worry
Recovery is absolutely illegal agasint the son.Father was only liable if any amount due, you are appointment on CA not labile for father dues.
Also after 5 years of death/retirement/termination, recovery barred by limitation.
Dear Sir,
The heirs are now absolutely liable for all the debts on the share of the property inherited by them. However, if they inherit nothing, they need to pay nothing to any debtors.
In India there is something called the law of inheritance. To answer your question specifically, the law says that the son shall be liable to pay only such portion of the father's debts as is attributable to the assets inherited by him.
Suppose father owes 10 lakhs and son has inherited property worth Rs. 20 lakhs. In such case son needs to settle debts of Rs. 10 lakhs.
In case father owes 5 lakhs and son inherited property worth 2 lakhs. In such case son's liability is limited to Rs.2 lakhs.
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.