Father passed away leaving debt behind
My father expired few months back leaving a debt which was taken from creditor almost 12 years back. Creditor has taken my signature on blank revenue stamped receipts without saying the purpose in the year 2007(I was not aware of all these stuff at the time I signed).
Now the creditor threatening me to file a case against me to recover the debt from me. My father has left no properties behind him and I hired nothing from my father.
I need a suggestion to overcome this problem.
Asked in Civil Law from Hyderabad, Telangana
1) claim of creditor is barred by limitation
2) you are not liable for father debts if you have not inherited any assets
3)as far as stamped receipts are concerned if it is mentioned it is of 207 then also claim of creditor is barred by limitation
4) record creditor threats . send a letter to him that you have not take any loan from him and you are not liable for your father debts
1. Without seeing the contents of the stamp paper it's difficult to advise on merits of their claim for money.
2. Do note that after three years no civil suit for recovery of money can be filed.
3. However in the blank paper they may put a recent date.
4. So for the time being ignore their call and inform the police if they threaten frequently.
1. You are not liable to pay the debt of your father unless you have stood as a guarantor for his debt.
2. if you have chosen to stand as a guarantor of your father's loan then you have stepped in to the shoes of your father as the borrower, if he fails/refuses to repay his debt.
3. if the blank stamped paper taken 9 years back is converted to a guarantee agreement, then you will be prosecuted for not repaying the debt of your father whose loan you have stood as a guarantor for.
4. Lodge a police complaint alleging that your father's lender had taken a blank stamp paper inducing you to put your signature therein and is now black mailing you to make you involved and drag you in the matter of his providing loan to your demised father.
It seems that the creditor made you stand as a guarantor of the loan given to your father. If that be so, then the creditor can successfully sue you for the recovery of debt as the liability of a guarantor is co-extensive with that of the borrower. Make an amicable settlement with the lendor if you do not want to get entangled in the rigours of law.
First allow the creditor to file a case against you because he will not be able to file one since it is very badly barred by limitation.
He has to prove the same if he is filing money recovery case against you directly leaving your deceased father.
After receiving a legal demand notice you can give a suitable and strong reply denying the allegations.