Liabalities of Father

Ravi (Querist) 20 April 2009 This query is : Resolved
Dear Experts,

Please help me on problem. The story is

We are 3 brothers and one sister. My 2 elder brothers (Married) are working in ONGC and i (Single) working in Delhi.

Recently my father passed away. He had liability of 4Lakhs. He has neither given any property us nor no property on his name and my mothers' also.

Kindly advise me his liabilities are to be borne myself or not applicable to us.

Looking forward for your valuable reply at the earliest

Thanking you in advance

Regards
Ravi

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Y V Vishweshwar Rao (Expert) 20 April 2009
Mr Ravi !

You are not receiving any property from Your father and there are no properties to come to you , the Loan date & details are not mentioned !

However !

you are not liable to pay the liability of Your father , even though it is pious obligation

with regards !

nitin (Expert) 20 April 2009
hello Ravi

as you havnt recieve any property from your father, so you are not liable for the loan amount / liability of your father.

but if the loan amount is taken on the property like house or other and it is duly distributed among you then you will be liable for the debt.

regards
nitin misra

adv. rajeev ( rajoo ) (Expert) 21 April 2009
I agree with learned members.

Jaswant Singh (Expert) 21 April 2009
You have not inhereted anything from your father therefore no liablity but asset against which the loan was, if securted, is liable to be realized by the creditor

Apurva Kumar (Expert) 21 April 2009
Helo,
In law there is a provision that sons shall be only and only liable for the debts which are genue in nature ok so first of all check for the details whether all are legal debts or not?

Y V Vishweshwar Rao (Expert) 21 April 2009

Dear Friends consider the following and express Your Views !

The date of Loan is not mentioned in the Query

1- No Properties from Father to Son in this case

2-Amendment 2005 to Sec 6 ( 4) Hindu Sucession Act 1956 ( Pious Obligation)

3- Date of Loan before & After 20-12-2004

with regards !

B.B.R.Goud. (Expert) 21 April 2009
need to elucidate the brief.

as per the given info, whether there is any ancetral or self acquired property of your father or not, being the son(s)/daughter(s), you all have the obligation to repay the legal debts, if any.

for further advise, you need to consult a suitable advocate in your area.