Who will pay liabilities?

Madhav Madhur (Querist) 03 May 2010 This query is : Resolved
Last month my younger brother died in an accident. He was 29 yrs old, married last yr feb 2009, no kid. His wife is working in an MNC, Noida. His father/mother has no business/service since last 12 yrs. So in this case who will pay his liabilities?

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A V Vishal (Expert) 03 May 2010
HIS LEGAL HEIRS VIZ THOSE WHO SUCCEED HIM TO SHARE HIS PROPERTIES & EX-GRATIA

Raj Kumar Makkad (Expert) 03 May 2010
Your parents can also claim maintenance from you as well as from the wife of your deceased brother.

Ashok Yadav (Expert) 03 May 2010
I am agree with Mr. Vishal, the successor will have to share the liabilities in equal share, i.e. his wife and ur mother (who r the successors if the deceased is Hindu)

A V Vishal (Expert) 03 May 2010
Mr Makkad:

The querist is asking about the repayment of the deceased liabilities and not the maintenance of the parents of the deceased.

Krishnamurthy Ramdas Iyer (Expert) 03 May 2010
Liabilities to be paid by heirs,assignees etc.

J K Agrawal (Expert) 04 May 2010
His property will pay.

Guest (Expert) 04 May 2010
1.THE LEGAL HEIRS WHO HAVE CLAIMED HIS INSURANCE AND SALARY AND PF.GRATUITY AND OTHER DUES ARE ALSO LIABLE TO PAY HIS LIABILITIES TO THE EXTENT OF AMOUNT THEY RECEIVED AS LEGAL HEIRS.

2.BUT KINDLY NOTE THAT IN CASE ANY CIVIL SUIT IS FILED BY THE BANKS OR OTHER PERSONS FOR RECOVERY OF LOAN ARREARS THEN KINDLY NOTE THAT HIS HEIRS NEED NOT PAY ANY INTEREST ON THE SAID LOAN AFTER THER DEATH OF THE SAID.PERSON AND ALSO CAN PRAY TO THE COURT FOR LONG TERM INSTALMENTS AND LESSER RATE OF INTEREST THAN AGREED BY THE DECEASED.

3.I HAVE WON SIMILAR WRIT PETITION AT DELHI HIGH COURT, ON BEHALF OF WIFE AND CHILDREN OF THE DECEASED WHO WERE HARASSED BY BANKS AND COOPERATIVE SOCIETY FOR RECOVERY OF DUES AS PER ARBITRATION AWARD OF ARBITRATOR COOP SOCIETY.
HONBLE COURT QUASHED THE AWARD AND ALSO ALLOWED LONG TERM INSTALMENTS AND REDUCED THE RATE OF INTEREST ALSO AND ALSO QUASHED THE COST OF ARBITRATION AWARD WHICH WAS RS.10000/-

KINDLY SEND DETAILS FOR ANY FURTHER HELP.
GOOD LUCK.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

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