• My father passed away leaving huge debts

My father passed away one month back leaving huge debts,So lenders started to push us for  settlement of those debts,I have no assets on my name But my father and mother has lands on their name.No mortgages and loans due on these land properties,My father wrote and signed only promissory notes to all of those money lenders.

I need legal advice on these queries

1.what if they proceed legally with those promissory notes to the court,whether there is chance to attach my father and mother land properties also.

2. If person dies what happens to his debts(whether spouse  or children responsible for those debts)

3.as per online i came across term ESTATE what does this mean legally whether estate means a firm or land properties on his name.

Please let me know if any information needed from my side.Thanks in advance for your advice's.

Murali Krishna
Asked 11 months ago in Civil Law from United Arab Emirates
1.what if they proceed legally with those promissory notes to the court,whether there is chance to attach my father and mother land properties also.
For recovery of loan, the lenders may file a suit against the legal heirs and move an application to attach the properties of the deceased borrower.  However they cannot seek attachment of your mother's properties.


2. If person dies what happens to his debts(whether spouse  or children responsible for those debts)
The personal loan availed by him shall be liable to be cleared by the legal heirs if they acquire the properties left behind by the deceased debtor of course to that extent alone.




3.as per online i came across term ESTATE what does this mean legally whether estate means a firm or land properties on his name.
Estate means property. 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
Is Legal heirs are children(Son & Daughter) or spouse or both?
Class I Legal heirs of deceased male are:
i. Mother,
ii. Widow,
iii. Daughter,
iv. Son,
v. Widow of a predeceased son,
vi. Son of a predeceased son,
vii. Daughter of a predeceased son,
viii. Widow of a predeceased son of a predeceased son,
ix. Daughter of a predeceased son of a predeceased son,
x. Son of a predeceased son of a predeceased son,
xi. Daughter of a predeceased daughter, and
xii. Son of a predeceased daughter.

Some new heirs are added by Hindu Succession (Amendment) Act, 2005. They are:

i. Son of a predeceased daughter of a predeceased daughter,
ii. Daughter of a predeceased daughter of a predeceased daughter,
iii. Daughter of a predeceased son of a predeceased daughter, and
iv. Daughter of a predeceased daughter of a predeceased son.




What if properties value acquired by deceased borrower can't fully settle his debts,Then is it  to  sum up properties owned by his children and spouse to fully settle the debts
The lender cannot go beyond the properties that have not been owned by the deceased borrower.
I the loan amount has not been recovered fully even after sale of property of deceased, then they cannot force the legal heirs to give away their properties for discharging the loan amount.  This shall, legally, extinguish with that alone. 
The properties owned by the legal heirs on their own cannot be attached by the lenders for the loan availed by the deceased.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1) you would be liable to pay father debts only to extent of property inherited by you of your father 

2) your mother properties cannot be attached or sold for recovery of the father debts 

3) estate would be your father movable and immovable assets that devolve on legal heirs on his demise 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1) legal heirs would be mother , son and daughter 

2) creditors can recover only to extent of property inherited by legal heirs .
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. If the lenders proceed to recover the debts from you on the basis of the promissory notes executed in their favour the court can hold you liable for the repayment of debt to the extent of the property of your deceased father which you have inherited. On your failure to repay the amount the court can order attachment and sale of it to recover the debt. Your personal properties cannot be proceeded against as you have no personal liability to repay the debts of your father.

2. Your mother's share in the properties of her husband can also be dealt with in the similar manner.

Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
All the legal heirs (your mother, you and your siblings) are liable to pay the fathers debt only to extent of property inherited by them from father. Your mother’s property and Property owned self by you cannot be attached or sold for recovery of the father debts by lenders.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
Hi, it is the duty of the legal heirs parents to settle the debts.

2. In your case your father has make huge debt after executing the Promissory Note and creditors will go to the court and file a case for recovery of the money against legal heirs of your father.

3. If the court is order for recovery of the amount then court has power to attach the properties of your parents.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. If they proceed legally, all the properties of your father will surely be attached and then sold of to recover the dues of those debtors under Court supervision,

2. If a person dies, inheritors of his properties are responsible for his debts to the extent of the value of their inheritance and not more than that,

3. It is land properties with construction thereupon.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1. Who ever has inherited the deceased debtors properties shall have to repay his debts. If there is no heir, the Court will attach the deceased debtor's properties to repay his loan. If the debtor has died after 2005, all his children, wife and mother will be treated as his legal heirs,

2. The self acquired properties of his legal heirs can not be attached for clearing his debts if the debts can not be repaid by selling of the deceased debtor's properties.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
the legal heirs are liable to pay the debt of deceased till the extend which they acquired from his property, for example: if the legal heirs are getting Rs. 1 lacs or the property of the same value then they will be liable to pay an amount of Rs. 1 lac only not more then that.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
1.what if they proceed legally with those promissory notes to the court,whether there is chance to attach my father and mother land properties also.

your father's properties both self acquired and ancestral property is liable to pay his all debts. Section 50 cpc provides that property may be attached if it is devolved to its legal heirs.  
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
2. If person dies what happens to his debts(whether spouse  or children responsible for those debts)

Spouse and children's self acquired properties are free from any responsibility. Creditor cannot initiate action against legal heirs for recovery of debt from self acquired properties of legal heirs.
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
3.as per online i came across term ESTATE what does this mean legally whether estate means a firm or land properties on his name.
Estate for the purpose of sale and attachment includes and means all immovable and movable properties of debtor. 
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
What if properties value acquired by deceased borrower can't fully settle his debts,Then is it  to  sum up properties owned by his children and spouse to fully settle the debts.Please advice

It does not matter that creditor remain unfulfilled. Only debtor's properties are liable to pay debt.  
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0

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