Unknown charge in ancestral property
ROJA shree
(Querist) 03 November 2013
This query is : Resolved
My father’s aunt ( my grand father’s sister )was getting her husband’s pension. She died without children on Oct 2010. No one has intimated to the concerned authorities so far till now. She had also created so many charges in the ancestral property in which she lived.
Now the decree- holders are coming one by one to us asking for the money.
1. What will happen to the pension? Where will it be accumulated ?
2. Do the decree holders have right to attach her pension, as she is no more ?
3. Is my father liable to the decree holders ? they are threatening us (we do not have any knlwledge about her borrowal to various persons )
Pls need answer with legal provisions in detail. Thanking u all in advance.
P. Venu
(Expert) 03 November 2013
1. The payment of pension ceases with the death of the pensioner.
2. Pension cannot be attached. however, the query is irrelevant.
3. The heirs of the deceased are liable for the debts of the deceased against the estate they have inherited. If the claims of the alleged debtors are doubtful, they could be told to obtain appropriate court orders.
Rajendra K Goyal
(Expert) 03 November 2013
Agree with the expert Shri P. Venu ji, nothing more to add.
