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Inheritance

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(Querist)
16 September 2009

A - father of B, is a surety for a debt owed by X to Y. Subsequently A dies. Will B be liable to Y if X fails to repay the debt? Pls cite any case law if possible.riven


A V VishalOnline (Expert)
16 September 2009

In my opinion no, but subject to the terms of the surety agreement.riven

charudureja (Expert)
16 September 2009

Well A entered into Suretyship in his personal capacity which is nt inheritable. so his succesor will not be liable as surety after his death,riven

charudureja (Expert)
16 September 2009

Well A entered into Suretyship in his personal capacity which is nt inheritable. so his succesor will not be liable as surety after his death,riven

charudureja (Expert)
16 September 2009

Well A entered into Suretyship in his personal capacity which is nt inheritable. so his succesor will not be liable as surety after his death,riven

Adinath@Avinash PatilOnline (Expert)
17 September 2009

I am in different opinion A,s successor is liable if in recovery suit successor are parties And suit decrred.riven

n.k.sarin (Expert)
17 September 2009

A's all the successor or one of them, who got property of 'A' is liable to the extent of they got property after the death of 'A' as a successor.riven

Sarvesh Kumar Sharma Advocate (Expert)
17 September 2009

i m agree with mr. n.k.sarin.riven

Sarvesh Kumar Sharma Advocate (Expert)
17 September 2009

i m agree with mr. n.k.sarin.riven

sanjeev murthy desai (Expert)
17 September 2009

Dear Mukundan,

After the commencement of the Hindu Succession Act 2005 no court shall recognise any right to proceed against a son, grandson, or great grand son, for the recovry of any debt due from his father, grandfather or great grandfather soley on the ground of the pious obligation under the Hindu Law, of such son, grandson, or great grand son, to discharge any such debt.
riven

Kiran Kumar (Expert)
18 September 2009

Mr. Desai is right.riven

Raj Kumar MakkadOnline (Expert)
18 September 2009

I am also in agreement with Desai.riven

Raj Kumar MakkadOnline (Expert)
18 September 2009

I am also in agreement with Desai.riven

Raj Kumar MakkadOnline (Expert)
18 September 2009

I am also in agreement with Desai.riven

Raj Kumar MakkadOnline (Expert)
18 September 2009

I am also in agreement with Desai.riven

A.R.Mukundan (Querist)
18 September 2009

But A is a christian [Roman Catholic]. So will S.50 of CPC be applicable?riven

Vedaa Mirazkar (Expert)
23 September 2009

I concur with Mr.Desai.riven

Sachin Bhatia (Expert)
04 October 2009

agreed with Mr. Desai.

Sachin Bhatia (Expert)
04 October 2009

agreed with Mr. Desai.



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