Succession act

Querist : Anonymous (Querist) 02 November 2011 This query is : Resolved
in sucscesion act before amendment does the pious obligation limited to extend of inhertence or not

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prabhakar singh (Expert) 02 November 2011
There are several succession acts my dear anonymous!had there not been a word pious obligation in the query,it was difficult to guess which of the succession Act is under your reference.You people taxed us too much.

Although your query does not convey expressly
the thing you desire to ask rather it burdens us to guess your mind,and i have under took that challenge.

The rule of pious obligation was that when you being given right to inherit grand fathers property just due to reason of your birth then it would be equitable to burden you with liabilities of those parents only due to your birth.

Shonee Kapoor (Expert) 02 November 2011
how does it matter now/

regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 02 November 2011
my parents had a loan default case with a bank( loan taken in 2003). After their death the bank move a subsitution application to make me & my borther and sister a party on the pretext that we have inherited the property( which is not correct).
the application has not been yet accepted by the court and the matter is pending..
i want to know if we r liable

prabhakar singh (Expert) 03 November 2011
THE BANK UNDER PROCEDURE OF LAW WAS REQUIRED
TO BRING ALL LRS[legal representatives of the deceased debtor on record] by substitution other wise its case could go abated.

If any or all of you do not claim over the mortgaged property or any of the properties of the debtor you can file a reply that you all do not want to claim against deceased properties and loan maybe discharged and realized from those properties,only residue if any left would be claimed as you all are not personally liable to pay those loan.

sanjeev murthy desai (Expert) 03 November 2011
Yes you are right before the enactment of the amendment act the pious obligation recognized under inheritance. But after that court shall not recognized any pious obligation on son, grandson and great grandson for discharge of their father, grandfather and great grandfather's any debt.

sanjeev murthy desai (Expert) 03 November 2011
in addition to that in your case contract is existance before the amendment act. Hence you are all liable for the same.

M.Sheik Mohammed Ali (Expert) 03 November 2011
yes, i do agreed experts query reply

prabhakar singh (Expert) 03 November 2011
yes! Mr. Sanjeev is right when he says that when your debt was contracted in 2003 and amendment made in 2005,you are not absolve of your duty of pious obligation because the proviso in the Act it self clearly speaks as"Provided that in the case of any debt contracted before the commencement of the Hindu
Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect-
(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case
may be; or
(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or
alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted."