V V Ramanarao (NA) 30 May 2014

Rights of legal heirs on death of unmarried person who creat

I would like to know the rights of legal heirs who got through the property thro unregistered will .The testor is also having liabilities and decree is passed against him in one case. The beneficiary is not aware of total liabilities of deceased person. In the recent past a false case is filed against deceased .That case is struck down by court.

In future that is with in 1 year to 2 year any other false case is filed against deceased person

The beneficiary of property how to pay the liabilities against deceased liabilities .No EP has been executed against deceased property by judgement Debtor. If beneficiary receives /knows the liabilities of deceased person is it necessary to wait for court orders.for EP or seek compromise through lok adalat.

These things are common problems can you discuss above points

In case liabilities are more than asset can he pay the liability in proportion to asset.

Reply Follow

3 Replies

adv.raghavan (Advocate,9444674980) 30 May 2014

The legal heirs or the beneficiary had to implead themselves in the concerned suit and should set aside the decree passed against the deceased testator. The legal obligation of the beneficiary is limited to the suits pending against the deceased testator.

Kumar Doab (FIN) 30 May 2014

The debt shall be paid proportionate to the estate of the deceased.

T. Kalaiselvan, Advocate (Advocate) 01 June 2014

If the Will has been acted upon by the beneficiary, then the property becomes the beneficiary's own property, however, if the testator had bequeathed the property to his beneficiary without having proper title to the said property or by suppressing the liability or mortgage created on the property, the property is subjected to the legal claim by the creditors subsequent to the death of the testator/debtor. Now it is you who has to ascertain about the status of the property. The legal heirs of the deceased are not liable for the personal loan of the deceased debtor.