Saravanakuamr (Software Engineer) 03 August 2016

Debt and property split up issue after my father death between legal hiers

My father died last month. He had loan (Home loan, Co-operative loan, car, education loan of mine and my sister and other loans as well), approximately 25L (Lakhs) . Since He is a government employee, we will be getting settlement of 10L. And our home worth Rs 30L. we are planning to sell our home. So what I told my sister is , we will pay all the loan (Home, education, car other private party loan) from our Home and Dad settlement. At last whatever is remaining we will take 50% each. But they are refusing, because they want me to pay my education loan by myself (since my education loan is 4L and my sister's is 1L). For your information I had supported my father by giving 7.25L (Paid Rs18000/ month) from the day I got job. Please advice me the right way as per law.

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4 Replies

Saravanakuamr (Software Engineer) 04 August 2016

Hello Freinds, Please respond, because this weekend I have meeting with my relatives reg this.

P. Venu (Advocate) 04 August 2016

The legal elements involved in the issue suggest that you need to clear your educational loan and your sister, loan availed by her.

As to other loans, for which your father apparently was liable, your liability is limited to the property you have inherited from your father.

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satish.purushotham (service) 11 August 2016

If you have got any evidence,that you have given your salary amount of Rs 18000/,per month,then you can claim that amount from your father's property.Another point,whether your sister has given,her salary to your father,she can also claim.Whether, your sister married,if married,in which year.Regarding,education loans,whether your father is a guarentor, for both the loans,if so,both the loans should be cleared,from your father,s property,then you can share it equally,inthe absence any will.

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P. Venu (Advocate) 11 August 2016

No guanteer is required for eductional loans upto Rs. 4 lakhs.