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M K Gandhi   03 November 2016

Debt of father on married daughter

Please do confirm me as per latest laws that what are the married daughter liability for her father personal debts taken before her marriage and after marriage.

what is the difference if debt is taken before her marriage and after her marriage.



Learning

 6 Replies


(Guest)
Debt taken has to be given back. How many more children are there?

Ms.Usha Kapoor (CEO)     03 November 2016

Unless she undertakes to pay the personal  debts of fathe expressly her liability extends to value of estate she inherits from her father and as  per her share value only she is to discharge her father'spersonal debt.Please see below I extracted someinformation from online which  will be useful to you.If you appreciate this answer please click the thank  you button on this forum.

In this case the deceased, A. Radhakrishnamurthy, died leaving behind two daughters, some properties as well as debts. Admittedly, he died intestate. Immediately after his death, his daughters being his Class I heirs inherited his properties with the obligation to discharge the debts due from him. Unlike in the case of the sons, the daughters have no pious obligation to pay the debts of their father. The necessary corollary of this position is that the daughters would be liable to discharge the debts of the father only to the extent of the value of the assets inherited by them through their father. There is no question of any executor administering the estate of the deceased. The question of an executor administering the estate of deceased person would arise only if such an executor was appointed by the terms of a will left behind by the deceased by which the testator ordained the executor to take over his properties, administer them and to discharge the debts due from him.

As per the Section 6 of the Hindu Succession Act, 1956, after the amendment the daughters shall have the same rights and liabilities as if she would have been a son. Therefore, the pious obligation has been deleted after the amendment Act of 2005 but the liability to pay the debt of the deceased father will be the same upon daughters as they would be on sons before the commencement of the 2005 amendment Act, therefore the rights of the creditors will be preserved if the debt was taken before the commencement of this amendment.

But at the same time now the creditors cannot move against any heirs of the deceased father if the father died without paying back the debts of the creditors. But if however such heir has expressly to bind himself to fulfill the obligation, the provision will become redundant and inoperative. Since the commencement of this amendment the creditors rights are preserved against any heir born after the said Act was passed.

If the daughter expressly agrees to give back the debt of her father then she can do it as per the guidelines under the amended section 6 of Hindu Succession Act.

# AIR 1962 SC 723 c.f. Sivaramayya, B., “Coparcenary Rights to Daughters: Constitutional and Interpretative Issues”, (1997) 3 SCC (J) 25
# AIR 1977 Pat. 185
# AIR 1989 Kar. 120
# AIR 1989 Kar. 120
# AIR 1925 Mad 902
# 2 M.H.C. 56
# 5 M.H.C. 161
# (1882) 4 Mad. 330
# (1888) 11 Mad. 393
# (1889) 12 Mad. 214
# [1916] 20 C.W.N. 103
# [1918] 126 P.W.R. 1918
# 1985 11 ITD 194 Hyd
# ibid
# MULLA HINDU LAW, Satajeet A. Desai, Lexis Nexis Butterworths Wadhwa Nagpur,

1 Like

G.L.N. Prasad (Retired employee.)     03 November 2016

This was considered as Pious obligation of the children, as it was stated that the persons who passes away leaving such unpaid debits takes the birth as dog in the house of such persons who lent money to him.

Now there is no such pious obligations and only the Act prevails.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     03 November 2016

Date of marriage is not a point at all. A Daughter or Son is liabile to the debts of the father to the extent of assets inherited and nothing more than that.  However, litigation has to be completed, where the Creditor can argue that whatever assets are in the name of Daughter/Son are not self acquired but inherited from father.  The onus of proof shall be on Daughter/Son.

 

In case Daughter/Son have signed documents giving Guarantee/Surety/Coobligation, irrespective of inheriting assets or not, they are liable for the debts of the Father for whose debts they have signed the papers.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 November 2016

If a debtor dies, the creditor has a charge on the estate left behind along with other creditors, if any. Any claim can be on the estate and nothing else.

Kumar Doab (FIN)     03 November 2016

Debt is recoverable from estate of debtor.

Legal hiers liable to the extent of estate inherited.


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