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Sreeni (consultant)     03 September 2018

Debt by father, liability of son

Dear Sirs,

My fathers has taken debts and have not known to me or to my mother.  Please help us understand liablity to son.

i have not inherited any property from my father.  Also me and my brother have gifted a flat to my mother. Would my mother be liable for the debts.  

Regards

Sreeni

 



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 4 Replies

Sreeni (consultant)     03 September 2018

My appology, My father has debt

Kishor Mehta (CEO)     03 September 2018

You are not liable for the debts of your father if you have not partaken in the movable or immovable properties of your deceased father. If the flat gifted to your mother, by you and your brother, is purchased from both of your individual self earned incomes, then your father' debt cannot be recovered from the flat.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 September 2018

Suppose the Creditors bring an attachment before judgement against your and your mother's property for recovery of the dues of your deceased father, the onus of proving that these properties were purchased by you from your own funds without taking any money from your father. It depends upon when you purchased the properties in your name, what was the source for purchasing those properties and likewise for the gift you gave to your mother.  Important is what was your age at the time the property in your name was purchased and what were earning at that time.

 

All this is because, it can be imputed that your father had purchased these properties in the names of Son/s to avoid the properties being proceeded against.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 September 2018

Originally posted by : SIVARAMAPRASAD KAPPAGANTU
Suppose the Creditors bring an attachment before judgement against your and your mother's property for recovery of the dues of your deceased father, the onus of proving  shall be on you to the effect that these properties were purchased by you from your own funds without taking any money from your father. It depends upon when you purchased the properties in your name, what was the source for purchasing those properties and likewise for the gift you gave to your mother.  Important is what was your age at the time the property in your name was purchased and what were you earning at that time.

 

All this is because, it can be imputed that your father had purchased these properties in the names of Son/s to avoid the properties being proceeded against.

 

1 Like

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