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(Guest)

Is the son/family liable to pay father's debt after expiry

Dear Sir/Madam,

Our family has a property in our home town. My brother & me have inherited 2/3th of property and my father had inherited 1/3rd of property after our grand parent's expiry. All of our family members (my father's brothers & sisters) have signed on this registration document.

My father has registered his 1/3rd of property as a gift to my mother in such a way that she can utilize the income on the property and she cannot sell it and it was written in the registration document that it will be inherited to my brother and me after her expiry. My father has passed away after 3.5 months of registering his property to my mother.

My father has some debt to one of our relative and he has written bonds to him on the same 2.5 years ago. Now, Am I or my brother or mother is liable to pay debt of my father to our relative?

Our relative is saying that he will move to court and file a case against us. Please suggest me on the further steps.

 



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 19 Replies

TGK REDDI   06 November 2018

All of you are to clear the debts.

Dr J C Vashista (Advocate)     06 November 2018

The debt of deceased is to be paid out his estate inherited.

The lender (relative) has not yet moved to Court, nothing can be presumed at this stage. Consult and engage a local prudent lawyer for better appreciation of facts, analyse, guidance and proceeding professsionally.

G.L.N. Prasad (Retired employee.)     06 November 2018

It appears from your name that you are Hindu.  The most pious obligation of son in Hindu law is to pay debts of father (on presumption that such person who borrows money and fails to repay gets rebirth as a Dog in the house of that person who has lent the money, and children do not want their father to take birth of dog) and whether they inherit or not keeping the family prestige and religious custom, they pay the amount.   Even in lower costs this bonded labor persisted for several years.

Coming to law, if you share a property, you are bound to share such liabilities also.

1 Like

P. Venu (Advocate)     06 November 2018

The legal heirs are liable for the debts of the deceased, llimited to the estate they have inherited.


(Guest)

Thank you sir for the response. But my father has registered his property to my mother 4 months before he passed away. And we have not inherited anything from my father after his expiry. So, will we still liable for the debts?

TGK REDDI   06 November 2018

Your father gifted one-third to your mother.    What about the remaining two-thirds?


(Guest)
Dear Sir, Sorry for the confusion. My father holds one-third of our property. And remaining two-thirds is registered on my and my brother's name 15 years ago when my grand parents expired. My father has registered all his property to my mother few months before he passed away.

(Guest)
Dear Sir, Sorry for the confusion. My father holds one-third of our property. And remaining two-thirds is registered on my and my brother's name 15 years ago when my grand parents expired. My father has registered all his property to my mother few months before he passed away.

P. Venu (Advocate)     06 November 2018

You are less than forthcoming with the facts. What prevents you from disclosing the complete facts?


(Guest)
Sir, I think I have disclosed all the facts. Can you please let me know what other details were needed

P. Venu (Advocate)     07 November 2018

How is that you and brother as well your fathe has 'inherited' the properties? How is it that your father, apparently in a haste, had made over the properties to your mother?


(Guest)

Dear sir,

Actually the property was bought for my father by my grandparents. But it was never registered. Similaryly, the property of my father's brother was also not registered. It was just written in the stamp papers that it was sold to my father.

After my grand parent's expiry, all the family (my father's brothers ans sisters) met and divided the whole grand parent's property among themselves. During that time, from the property set aside for my father, 2/3rd of property was registered on my and my brother's name and 1/3rd of property was registered on my father.

Later recently, we had settled some debts of our father. My father has registered his property to my mother because some people who lent him money were forcing him to write the property on their name or to pay the entire debt at the same time.

Later after 3.5 months, unforunately he attempted suicide and eventually passed away due to some lendors harassing him. 

P. Venu (Advocate)     07 November 2018

Please post simple facts devoid of assumptions and presumptions and avoiding subjective opinions.


(Guest)

Sir,

I have stated the facts only. Few of my relatives were aware of these. My father has told police that he attempted suicide since some lendors were harassing him and it was written in the FIR when he was hospitalized after the suicide attempt.


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