Strange problem
Arvind Singh Chauhan
(Querist) 06 May 2012
This query is : Resolved
Sir,
I have filed declaratory suit on behalf of "A" as to declare her, wife of "B".
"B" was serving in Asam Rifels and died. "A" applied for family pension but Asam rifles denied as "A" is not recorded as wife in their record and "C" is recorded as wife. This time "C" is getting family pension of "B".
In 1996 court rejected "C"'s application under 125 as not being legal wife of "A". I have sent this judgment to Asam rifles, but they are ignoring. That's why I filed civil suit for declaration and mandatory injunction.
Mean while One bank has issued notice for the recovery of loan of "B" to my client deeming his wife. What should I do ? Whether we should pay or deny ?. Whether this may help us in civil suit ?
ashutosh mishra
(Expert) 06 May 2012
Dear Arvind!
What transpires in my mind that in your suit
of declaration both "c" and Assam Refiles should be party.
"A" should not pay the debt under notice of demand unless she has some immovable properties of "B"in her possession.Bank should be informed of the suit going on but there should not be any admission or promise to pay.
ajay sethi
(Expert) 06 May 2012
has your client inherited any property from her husband?
Adv.R.P.Chugh
(Expert) 06 May 2012
Dear Ld.Arvind,
A couple of things :-
1. Until the suit gets decided no liability for husband's loan.
2. Even if you get the declaration stating your client to be the lawful wife. Then also liability of a loan taken by her deceased husband - is limited to the estate she inherits from him and otherwise not lawfully disposed off. If there is no estate - no liability for the simple reason that liability is not personal but as a LR.
3. Even the pension that she would receive as his wife, would be exempt from attachment in execution of any decree.
Good Luck !
R.K Nanda
(Expert) 06 May 2012
Deny it in reply to the notice of bank as
A is still not proved/ declared by court to be the wife of B.
Arvind Singh Chauhan
(Querist) 06 May 2012
Thanks Sir,
I have decided to deny to pay. I must clear here that both wives and have inherited the property of husband equally.
V R SHROFF
(Expert) 06 May 2012
Let bank get court order, that B is Wife of A to claim recovery of money. Reply accordingly.
Shonee Kapoor
(Expert) 07 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
