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Prakash Iyer   17 July 2022

Brother's Liabilities after his death

I am 45 and my younger brother was 42 who expired two month back. He is not married and our father and mother also expired.

During last few weeks we came to know he has huge liabilities on his credit cards and couple of personal loans.

As an elder brother, am i responsible for his Liabilities to repay, i was not aware neither involved in any of the loans.

However he has made me nominee for his assets like Life insurance, PF and banks.

Please advise whether I am liable to repay any of his loans, when I am getting benefits from his death claim money.


Learning

 10 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     17 July 2022

yes liabilities also you have to pay
1 Like

AKSHANSH SINGHAL (ADVOCATE)     17 July 2022

YEs YOU ARE LIABLE TO PAY THE LIABLITIES TO THE EXTENT OF MONEY RECEIVED FROM THE DEATH BENEFITS.

Prakash Iyer   17 July 2022

However those are unsecured credit card loans and I am not aware of them.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     17 July 2022

Yes Sir, your liability is limited to the extent of assets you are inherting from him.

 

In case the liabilities are more, you are not liable for the differential amount that is  more than the amount you inherit. 

 

If the liability is less than the amounts you inherit, you need to clear entire liability and  you can take the net amount after clearing the liability.

 

Ensure that the liabilities are in fact actally incurred by your deceased brother and the claims by his creditors are genuine.

Prakash Iyer   17 July 2022

Why are credit card loans so unsecured, with high interest rates when they are indirectly secured. The banking system should change.

G.L.N. Prasad (Retired employee.)     17 July 2022

Keep all his assets and liabilities and record them in a statement certified by Chartered Accountant with all proof and contact a local advocate, as you are liable for his liabilities if you share his assets.  Do not assi,e that they can not find his assets as bank accounts, amounts settled can be easily found by financial institutions.....

Dr J C Vashista (Advocate)     18 July 2022

You have no option but to share all the liabilities and assets of deceased.

Prakash Iyer   18 July 2022

Thanks all law master's for kind advice.

P. Venu (Advocate)     19 July 2022

You liability, in the given context, is limited to the assets/estate, if any,  you have inherited from the deceased brother. However, the creditors cannot unilaterally enforce the payment. They need to abide by the due process.

Shashi Dhara   19 July 2022

If loan exceeds you are not liable to discharge his  excess debts,


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