Pro note

Querist : Anonymous (Querist) 27 July 2010 This query is : Resolved
When a person gives a pro note for Rs.100,000 and attest his signature every three years and at the back of the note by signing that Rs.1000 has been given. Once this person expires and the holder of the pro note appraoch the court directly without intimtaing the legal heirs and attaches the property of the deceased. what to suggest to the legal heirs about the case proceedings. The petitoner had approached the court after two years from the death of the person who had signed the pronote

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Madhav Dongre (Expert) 28 July 2010
The legal representatives are liable to the extent of estate of the deceased inheritaed by them and not more. If they inherit no estate they are not liable. The holder of the pronote had appraoced the court before or after the death of a persom is crucial.

V.V.RAMDAS (Expert) 28 July 2010
My dear,
If the court attaches the property than the legal heirs have to appear before the court with a prayer to add them as party or else they have to wait till they receive the summons from the court after substitution of L/Rs by the plaintiff.