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Ajay Sethi (Professional)     06 May 2011

Can financial liability be transferred from father to child

Can a financial liability be transferred from a father to his children as per indian laws. In detail, if the father is involved in business in india and runs into major debts and/or lawsuits, and his wife and children (aged above 21 years) are not involved in that business in any way, does the family get involved in the legal proceedings in any way? is there anything the family can do do protect itself from any any legal hassles if the answer to the first question is affirmative.



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 5 Replies


(Guest)

 Wife and Children are not onvolved in the debt then they dont involves in court case.But  if they give an agreement or surety then their liability comes.If the father having a property in his own name then his property will be attachen in court proceedings.so, it depend upon the documents, agreements.Its a moral duty to pay debt on behalf of his father but not legal duty.the son's obligation to pay his father's debt is not an obligation in legal terms.

The doctrine of pious obligation under which sons are held liable to discharge their father's debts is based solely on religious considerations; the doctrine inevitably postulates that the father's debts must be vyavaharik. If the debts are not vyavaharik or are avyavaharik the doctrine of pious obligation cannot be invoked

Read this:https://www.legalserviceindia.com/articles/sons_p.htm

2 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     07 May 2011

fully agree with mr. kushan vyas's view!

Madan Gopal Dasaur (Advocate)     10 May 2011

Do Agree with Mr. Kushan Vyas"s ji. The liability is up to the extent of estate enherited

karinabartram (klhgy5ryt)     13 May 2011

I agree with you Mr.Kushan. iF children are Involved in the debt only then they involves in court case. If they give an agreement or surety then their liability comes.

 

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Vigneswaran (Lawyer)     14 June 2011

And even then they are are liable only for the amount inherited and not furthermore.


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