• My parents passed away leaving huge debts. Can I inherit any assets without being liable to debt

My parents passed away last week leaving huge debts (banks loans and private loans). They did have some money left in PPF and insurance policies. They did not leave a will. 

I need legal advice on these queries as their only son

1. Is it possible that I can be made liable for any of these debts?
2. What is the rule about inheriting money from the PPF and insurance without being inheriting debt?
3. I believe I need to get a succession certificate to inherit PPF money, will creating a succession certificate allow banks to hold me liable for the loans?
Asked 1 month ago in Property Law
Religion: Hindu

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11 Answers

1. You shall be liable to pay their individual debts to the extent you inherit their individual properties.

 

2. You can inherit the assets but shall be liable to pay their debts only after the lenders claim the same from you and obtain Court order to that affect.

 

3. The Banks are entitled to claim the outstanding amounts standing in the names of your parents from the amounts inherited by you and for this purpose they shall have to prefer a claim and also approach the Court for appropriate order.

Krishna Kishore Ganguly
Advocate, Kolkata
25292 Answers
726 Consultations

5.0 on 5.0

1) you are liable to extent of your inheritance 

 

2) you cannot inherit money lying in insurance policy and PPF and not pay your father creditors 

 

3) you need to obtain succession certificate for money lying in insurance policies , PPF 

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

1.  For unsecured debt you have no personal liability.

2. You will inherit the asets left by your father irrespective of his debt lying due.

3. Yes.

Devajyoti Barman
Advocate, Kolkata
22279 Answers
338 Consultations

5.0 on 5.0

  1. Lender is entitled only to recover from the self earned property of borrower. He cannot touch the property of belonging to legal heirs.
  2. PPF, pension benefit and insurance claims are not liable to attached in an action for recovery of debt.
  3. You are required to obtain succession certificate from district Court for insurance claim and PPF. The above benefits are not liable for attachment in recovery of loan proceeding. Therefore you are free to withdraw the same.
  4. But as the banks are now without remedy, they may try to intimidate you for that you should be ready to withstand. Lenders are legally helpless.

Ravi Shinde
Advocate, Hyderabad
642 Answers
7 Consultations

5.0 on 5.0

Dear sir/ma'am,

 

Please note that you will only be able to claim your share in any of the inherited assets, after the debt has been cleared. If you inherit their property or money, then to whatever extent your inheritance is, depending upon that you will be held liable for repayment of loans.

In most cases, even after you have a valid succession certificate and prove the legitimacy of your claims, the banks will approach court to claim back their money from your share. Thank you.

 

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Anik Miu
Advocate, Bangalore
926 Answers
7 Consultations

5.0 on 5.0

- Under the Hindu Law, a son is under a pious obligation to discharge his father's debts out of his ancestral property regardless of the possibility that he had not been profited by the debts.

- Further, if the debt is purely personal debt of the father, then it cannot be passed over to the legal heirs.

- Further, they cannot get order of attachment property of son for the debt 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, the said bank or private financier cannot recover the amount from your brother in the absence of any agreement or guarantee by you. 

- Further, as your father left money in PPF an insurance , then they can claim said amount . 

Mohammed Shahzad
Advocate, Delhi
6544 Answers
69 Consultations

5.0 on 5.0

if bank insists then you would need succession certificate 

Ajay Sethi
Advocate, Mumbai
81794 Answers
5120 Consultations

5.0 on 5.0

Hi, You are liable to pay the amount which you have inherited from your father nothing more than that.

Pradeep Bharathipura
Advocate, Bangalore
5020 Answers
265 Consultations

4.5 on 5.0

1.  You can be held liable to the extent of the amount and the value of the property left behind by them, that you have inherited upon their death. 

2. Anything inherited from your  deceased parents are liable to repay their debts to the extent of the inheritance.

3. You can be held liable only to the extent of the inherited properties, hence obtaining succession certificate itself  would not make you liable for the entire loans or debts outstanding agaisnt the names of your deceased parents. 

4. 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

The succession certificate is different to that of the repayment of loan to the extent of the value of the inherited properties both movable and immovable. 

It is up to you whether to obtain succession certificate or ignore the same because this certificate would help you for future needs also. 

T Kalaiselvan
Advocate, Vellore
71857 Answers
1057 Consultations

5.0 on 5.0

You may choose not to  file application for the  Succession Certificate if the debts of your parent's are much  more than their assets.

Krishna Kishore Ganguly
Advocate, Kolkata
25292 Answers
726 Consultations

5.0 on 5.0

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