Credit card debt of father who passed away

For recovery of credit card dues, the financial company or bank will have to file civil suit for recovery against your father, and as he's not alive they will make you the legal representative as respondent because you are his sole heir. If they fail to take this step within 3 years from the time of his death or/& recovery of last payment made by him through the credit card, they will not be able to recover dues even from you as the suit for recovery becomes time bared.

Thank you for your reply.

The creditor will file a civil suit that's for  them. But am I liable?

Can somebody be liable for a dead person's unsecured debt? I have not inherited any property etc from my father. There are some bank deposits all of which were nominated to me or Joint Account or Either or Survivor clause.

My father also maintained a bank locker and that too is by a joint account with me.

Under these circumstances am I liable for the credit card debt of my father?

If it helps, my father also did not make any will.

At the time of claiming deposits of your father (if the deposits are in the same bank) then they will deduct the amount towards towards credit card debt. Secondly you have to produce heir certificate or some other document/s as required by the bank to claim the amout standing in the name of your father. The bank people always take shelter under short cut methods. They never approach Court in such minor matters. Think wise before claiming amounts. If more guidance required feel free to write to me but do not argue with bank people then they will ask you to comply so many formalities.

Dear Sir,

Thank you for your reply.

The credit card and deposits are in different banks. I am not worried about deposits.

I am worried about the credit card debt. The cards are of banks different to that in which deposits and locker are.

The credit cards are in my father's name only. No nomination or jt holder, nothing.

In such a situation 1.Am I responsible for my father's credit card debt and 2.What steps should I take to clear this matter?

My father's friend who was a General Manager at a bank has advised me that nobody is responsible for a dead man's debt. He has advised me to keep quiet and do nothing at all. Further, he has said that if I face harassment by a bank or a recovery agency about this credit card matter I should file a case at the Consumer Court. However he is not a lawyer.

That is why I want to know the legal position and whether I should just wait it out or take some action.

Awaiting your reply.

Under law a creditor will have a charge on the estate of the dead person. How they claim it and how heirs to the estate respond depend entirely on them. Also there is law of limitation. If you want to be honest and if you are the sole heir, you pay up to the bank. Otherwise don't pay and wait for any action by the bank.

Send the copy of death certificate to the CC Company.

The liability is limited to the extent of estate inherited from deceased father.

 

 

Avoid posting copies of your Pan card etc and signing on any document until that is seen and approved by your own LOCAL very able senior counsel of unshakable repute and integrity specializing in banking/consumer/civil matters and having successful track record.

The CC Company is sunder obligation to supply the CC bills upto date and you can even ask for authenticated copies of CC application form, MITC and IT’s proof of dispatch and delivery to CC holder…

The CC Company may agree to OTS an you may obtain it in writing and pay under proper acknowledgment and obtain bill showing Nil balance thereafter, NOC and CIBIL report of deceased showing updation accordingly.

In case the recovery agents harass you lodge police complaint under proper acknowledgment.

There are many threads on harassment by recovery agents at LCI and have illustrated discussions and even citations e.g;

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp