Validity of promissory note

Jyothsna (Querist) 12 June 2021 This query is : Resolved
Dear Members,

A person has lent money by executing promissory notes. recently he has expired suddenly. does the right on promissory note to collect money will pass on to his legal heirs? if a will is executed in favour of son, does daughter will have right of claim on that amount? please suggest

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J K Agrawal (Expert) 13 June 2021
Right to recover will pass to hairs of deceased. if any will is there it will prevail.

Dr J C Vashista (Expert) 13 June 2021
You have mixed up two different issues i.e., recovery of money against promissory note, which can / shall form part of estate of LRs of deceased.
Other subject of "will" stated to have been executed by deceased shall be dealt separately.

Advocate Bhartesh goyal (Expert) 13 June 2021
I agree with the opinion expressed by expert J.K.Agrawal.

Sankaranarayanan (Expert) 13 June 2021
What is your role in this query? All legal heirs are have right over in the assets of parents. If any will favour to any one then they are entitle on it. If any on not agree then they can challenge it

Sri Vijayan.A (Expert) 13 June 2021
Rightly advised by the Experts

P. Venu (Expert) 13 June 2021
Why "if" - is this not a real issue?

T. Kalaiselvan, Advocate (Expert) 13 June 2021
The legal heirs of the deceased lender can demand the loan amount lent by the deceased lender for which the evidence is the said promissory note.
A promissory note is a written promise or contract to repay a loan, hence the legal heirs of the deceased lendr can take suitable legal action against the borrower for recovery of the loan amount evidencing the promissory note executed by the borrower in favor of the deceased lender.

As fr as your second question regarding claim for a shared by the other legal heirs who have not been named as beneficiary in the Will for the property bequeathed in that Will, that while rendering their no objection then my impose condition for a share in the property, however if they object to the enforcement of the Will, the beneficiary may approach court of law to get the Will probated as per law and can enforce the Will to acquire the properties bequeathed in the Will.