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arunish (na)     29 January 2015

Kindly help:-- After death car loan needs to paid by legal heir

Dear Sir,

My father was working in PNB bank and he expired while on job on 24-1-2013. This was all of sudden hospitalization and non recovery of health, due to which we had no discussion about assets  and liabilities with him.

We moved as per bank information and they have settled accounts according to them. Regional office considered our liabilities and assets thereafter they given a letter just stating no ex- gratia to be provided to us.

 

Now few days back one of PNB branch where my father worked for  Earlier. They called to the PNB Bank where we have family pension account and informed the manager about pending car loan of my father. The Manager informed us about this. Today we called to the PNB Bank where the loan is pending the manager told us that It is pending and it will be deducted from your family pension.

 while I tried to check the scenario I found that Loan amount is NILL on 30 july 2011. loan payment was on auto debit from father salary account.  

They explained this:- for employee first principle amount is paid then interest amount. For this case Interest is not paid. 

Bank Manager where Loan is pending says that:- It is the fault of my father who has not paid it. How could be this as my father was not posted on this branch the time principle finished and Interest has to carry forwarded into loan amount. Apart from it loan payment was auto debit from salary. Auto payment stops when loan amount come to nil.

I wish to know if we are as a family liable to pay this loan as of now because all was settled earlier and this amount was not included while calculating ex-gratia.

Bank has freedom to auto debit family pension which is on my mothers name. 

This bank where loan is pending has raised one more  false case (after few months of my fathers expiry )of demand loan pending. After detailed enquiry we found that it was against FD and FD is never renewed but loan keeps on getting renewed.

Regional office once wrongly deducted TDS on Leave encashment. While they never entertained thereafter.

I have followed up the case regional office  to RBI. CA who handles bank TDS to branch office. Localy ITO to reginal ITO upto one year.

Regional bank clarified this :- It is the mistake of head office or system which should not deduct the Tax. But

when I checked salary slip of my father carefully I found that Leave encashment issued on retirement not on death. There mistake keep me bothering upto one year I don`t know how much I traveled / how much letters I have written etc etc..

 

We have put in into lot of painful experience by the bank Now we are not in mood to pay for there mistakes.

Kindly help out and suggest.

P.S. Prior to it many times Regional office deducted the money from our account for wrong payment or pending loan(furniture) etc but with our consent and we have given that.



Learning

 1 Replies


(Guest)

You may better ask for the agreement of loan entered in to by your father to go through the provisions, if the family members are made liable to pay the dues. However, the amount of loan or interest can not be recovered arbitrary from family pension.


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