Liability

Querist : Anonymous (Querist) 02 October 2011 This query is : Resolved
Respected Experts,
is the father of any person have to take liabilities on death of his only unmarried son on behalf share of his son in coparcenary property

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R.Ramachandran (Expert) 02 October 2011
Dear Anonymous,
You have to come out with facts and then post your query. Your present query is in an abstract manner and cannot be answered properly.

Querist : Anonymous (Querist) 02 October 2011
Respected sir,
A person who take a lone from me and give me cheques.but unfortunately he died unmarried during pendency of case.his legal heirs is his father,mother and two married sisters.he was a person who had a share in coparcenary property but now he is no more. so can i claim my money to his any legal heirs on basis of his property or any other ground .

R.Ramachandran (Expert) 02 October 2011
Apart from the cheques issued by him, what other documents that you have to prove that he took loan from you?

prabhakar singh (Expert) 02 October 2011
IF YOU CAN PROVE THAT HE HAS LEFT SOME INTEREST RIGHT AND TITLE IN ANY COPARCENARY PROPERTY,THEN IF YOUR RIGHT TO REALIZE THE DEBT IS SAVED BY LAW OF LIMITATION FROM THE DATE OF CHECKS/or bouncing there of [which is 3 years]then you can file a suit otherwise not.

Shailesh Kr. Shah (Expert) 03 October 2011
You can recover from its property within 3 years as advised Shri Prabhakar Singh.

Querist : Anonymous (Querist) 04 October 2011
Respected Prabhakar sir/ other experts

One expert told me that according to sec 229 of mulla's hindu Law in Principal of hindu law, after death of any coparcener other alive coparcener would get share of that coparcener as survivor not as successor and he told also that in any circumstances the survivor would not be responsible for any loan on cheque or any other sours get by died coparcener in his lifetime.he told if there any male issue is present in case than he would accountable for that but in my case after death of that person the alive coparcener is his father.(mother and two married sister are not a coparcener).and he get benefit of share of that person in the HUF property on the basis of survivor/the only alive coparcener.
Sir please tell that on which basis i will present my civil suit on his father for the recovery of my money on the ground of bounced cheque.is his father is responsible to pay the loan by his son in any circumstances. if any one known any order passed by any High court or Supreme Court Of India having similarities as my case,i would like to purchase that order.
Please Help me

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