• Third party insurance and legal heir

My uncle has expired in 2016 in an accident ,he has no asserts on his name and have two debts( cheques are there signed by uncle) according to lenders which my family never known or signed.without consulting us they sued us with in three months of death and the case is disposed to give the asserts value to lenders inherited by legal heirs from my uncle but he has no asserts to be inherited .recently they received third lnsurance ,they are trying to sue on third party insurance .can the lenders have a right on third party insurance ,how to proceed ,plz suggest .
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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11 Answers

1. Lenders CANNOT claim their debts from the insurance amounts received by the Legal Heir/s of deceased uncle.

2. Further the Legal Heirs of uncle become liable IF they receive any properties of Uncle as beneficiaries. Hence lenders money cannot be recovered from the legal heir of uncle.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Third party insurance granted by MACT court is compensation and not inheritance. No claim in it.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

your liability is limited to extent of your inheritance 

 

2) if you have not inherited any assets you are not liable to pay deceased uncle debts 

 

3) in case of third party insurance on demise of uncle , the dependents of the deceased can claim compensation on the basis of the income lost.

4) if nay compensation is received by you lenders can claim from compensation received by you 

Ajay Sethi
Advocate, Mumbai
94807 Answers
7553 Consultations

5.0 on 5.0

if you have received any money on demise of uncle as compensation then lenders can sue you to recover the money received by you 

Ajay Sethi
Advocate, Mumbai
94807 Answers
7553 Consultations

5.0 on 5.0

No.

Yogendra Singh Rajawat
Advocate, Jaipur
22656 Answers
31 Consultations

4.4 on 5.0

If you have received any assets from him then only you are liable to pay the claim otherwise no need

Prashant Nayak
Advocate, Mumbai
31968 Answers
180 Consultations

4.1 on 5.0

1. No lender cannot recover the amount from Insurance claims.

2. The legal hiers are only liable upto the extent of property or assets inherited and not more than that. 

 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The legal heirs are bound to settle the debts of the deceased borrower lent by the lender out of the money received in the name of the deceased if there are no assets available on the name of the deceased.

 

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

Any amount includes the third party insurance claim amount also.

 

T Kalaiselvan
Advocate, Vellore
85004 Answers
2207 Consultations

5.0 on 5.0

The legal heirs of the deceased are not liable to pay the debts of the deceased. The legal heirs if inherit the properties or assets of the deceased then they would be liable to pay the debts to that extent of what they availed.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Lender can recover from legal heir if heirs received insurance money .

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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