Civil Procedure Code (CPC)

suit for recovery - promissory note

This query is : Resolved 

17 February 2008

in a case of suit for recovery of money against the son of a deceased father who is alleged to be a loanee, how far is the son liable to pay and that too if the the creditor has not demanded the money from his father directly but to some relative of the original loanee i.e. the deceased father, whether it amounts to no cause of action, please advise with citations if any.

Manish RaghavOnline (Expert)
21 February 2008

can recover the amount in proportion to the estate inherited by him from his father.

Aniruddha.P.Pawse (Expert)
05 March 2008

The agreement if any need to be perused for answering your query.

22 August 2008

The son is liable till the extent property inherited to him.

Adv.Shine Thomas (Expert)
14 October 2008

The son is liable to pay in proportion to that amount inherited to him.

Y V Vishweshwar Rao (Expert)
01 May 2009

Son is liable to pay the extent of the Value of the property of his late father ,which is in his hands - not any more !

Sachin Bhatia (Expert)
11 October 2009

Son is liable to pay in proportion to that amount to the estate inherited by him.

Raj Kumar MakkadOnline (Expert)
12 October 2009

I agree with Sachin.

Gulshan TanwarOnline (Expert)
01 May 2010

Law of proportionality applies here

A.Ravindran (Expert)
29 June 2010

I am also agree with Sachin

Gulshan TanwarOnline (Expert)
14 January 2011

Advocate. Arunagiri (Expert)
23 January 2011

I agree with experts.

pritamsaini (Expert)
27 January 2011

As per section 50(2)of cpc . Where the decree is executed against such legal representative, he shall be lible only to the extent of the property of the deceased which has come to his hand and has not been duly disposed of, and, for the pupose of ascertaining such liability, the court may ececuting the decree may,of its own motion or on the application of the decree holder ,coplel such legal representive to produce ammount as its thinks fit.

Gulshan TanwarOnline (Expert)
26 February 2011

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