Notice to legal heirs

This query is : Resolved 
 

(Querist)
20 November 2019

Dear experts
A suit for recovery of money filed against the legal heirs on the basis of promissory note.
But they don't know about the amount taken by their father.
No notice given before filing the suit to the legal heirs.
Is the suit is valued and maintainable in the Court.?
Kindly give suitable advice on this issue
Thanq in advance.


KISHAN DUTT RETD JUDGE (Expert)
20 November 2019

Dear Sir,
The deceased father might have used such amount for discharge of legal liabilities of his family members as such the legal heirs are liable to pay such amount even though there are not aware of amount borrowed by their late father.
Suit is maintainable.

K Rajasekharan (Expert)
21 November 2019

As said already, the legal heir is bound to pay the debt of the deceased person in case the legal heir obtained or liable to get any asset or money from the deceased. Therefore the suit is maintainable. However the liability you inherit will be limited to the extent of the assets you received.

In the other case, if the legal heir has not received or not going to get anything from the deceased after his death the legal heir is not bound to pay the debt. If so the suit is not maintainable.

The legal principle to be remembered is that when you get any asset it will carry with it the associated liabilities too.

Dr J C Vashista (Expert)
21 November 2019

I agree with experts advise.
The suit is maintainable against LRs of deceased.
It is advisable to consult a local prudent lawyer for better appreciation of facts/documents, guidance and proceeding.



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