• Liability of Legal Heir

It is about a hindu family. Court has passed an order that legal heirs are jointly and severally responsible to pay father's debt (died in 2022). Whereas the amount is very high as compared to the inheritance. Are Legal heirs liable to pay more than what is in inheritance? And what should legal heir do immediately after the order to claim their limited liability?
Asked 1 year ago in Property Law
Religion: Hindu

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11 Answers

legal heirs are not liable to pay more than what they have inherited on father demise 

 

file appeal against impugned order that liability should be limited to extent of their inheritance 

Ajay Sethi
Advocate, Mumbai
96450 Answers
7775 Consultations

file an appeal at the earliest 

 

2) Where an appeal against any order or decision to the Co-operative Appellate Court has been provided under this Act, it shall lie to the Co-operative Appellate Court.] (3) An appeal under sub-section (1) or (2) shall be filed within two months of the date of the communication of the order or decision.

 

3) Where an appeal against any order or decision to the Co-operative Appellate Court has been provided under this Act, it shall lie to the Co-operative Appellate Court.

Ajay Sethi
Advocate, Mumbai
96450 Answers
7775 Consultations

As per law, legal heir's liability is restricted to the value of property which he had inherited from disease so the order is not in accordance with law hence should be challenged by way of appeal in higher court. 

Siddharth Srivastava
Advocate, Delhi
1283 Answers

- 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, no attachment of the property of son can be taken place for the debt of father, because father and son`s assets will be treated as their respective separate properties.

- However, 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.

- It means that you are liable to pay the debts limited to the value of the property which you got in inheritance. 

- You can file an appeal against this order before the Co-operative Appellate Court.

- If you are not staying in that area, then you can engage any lawyer for the same. 

 

You can contact for more information. 

Mohammed Shahzad
Advocate, Delhi
14244 Answers
216 Consultations

The liability of legal heirs cannot exceed what they have received in inheritance 

The liability is limited to what is received on inheritance 

You will have to challenge that order 

File an appeal in the Co operative Appellate court if its there in your district 

There is a time within which you have to file the appeal. In case of delay in filing the appeal you can file an application to condone the delay in filing appeal on time 

Yusuf Rampurawala
Advocate, Mumbai
7642 Answers
79 Consultations

No legal heir has to pay only up to inheritance 

Prashant Nayak
Advocate, Mumbai
32340 Answers
195 Consultations

The legal heirs will be liable to creditors for the value of the assets they inherit, which may be paid to the deceased's creditors. If you have decided to pay off your debts or negotiate with your lender, you should act promptly because any delay will result in a greater interest burden.

For example, if a legal heir inherits property worth Rs 1 lakh, the legal heir will only be liable to the deceased's lender for that amount, not more

T Kalaiselvan
Advocate, Vellore
86652 Answers
2316 Consultations

You and ther other legal heirs of your decesed father have to file affidavit in this regard before the same court which has passed the orders without hearing you  or without impleading you necessary parties to the suit.

If the trial court is rejecting your application about this then yo may file a revision petition before high court and seek relief and remedy

T Kalaiselvan
Advocate, Vellore
86652 Answers
2316 Consultations

on the basis of court order , do challenge in higher authority.   appeal in civil cases is 30 days or  you may filing civil revision is 90 days.

 

Regards,

 

Sheetal G. Rathod

Advocate & Notary

 

Sheetal G. Rathod
Advocate, Rajkot
7 Answers

If the legal heirs inherit any assets from the deceased person, they are obligated to repay the obligation. Legal heirs are solely accountable to the degree that they receive any assets from the borrower. if a legal heir inherits property worth Rs 1 lakh, the legal heir will only be liable to the deceased's lender for that amount, not more.

File appeal.

30 days limitation period.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22947 Answers
31 Consultations

Dear Client,

Legal heirs are only liable for the debts of the deceased up to the value of the inheritance they receive. If you have been ordered to pay more than this, you can challenge the order by filing an appeal in the Cooperative Appellate Court in your district. There is a deadline for filing an appeal, but you can apply for an extension if you have missed the deadline.

 

Anik Miu
Advocate, Bangalore
9989 Answers
118 Consultations

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