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sampath kumar   03 November 2018

debts

My father died on may 2018... his terminal benefits like pf and gratuity are deposited to my mother ... my father has a debt of 10 lakhs and court has given ex party decree in 2017 january ... if the person goes for execute petition what happens ..? there are no immovable properties on name of my mother and father .. please respond to my query experts


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 4 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     04 November 2018

As Legal heir whether it is Wife or Son or Daughter, it is your duty to pay the dues of your deceased Father.  However, you liability is limited to the extent of the assets inherited (both immovable and movable like cash, jewellery or bank deposits including SB account).  In your case, since Father's terminal benefits are credited to the account of your Mother, the Creditor can proceed against your Mother to pay the amount of dues to them towards your Father's debt.

sampath kumar   04 November 2018

sir... but i have seen somewhere but acvording to section 60 of CPC .. terminal benefits like PF ,GRATUITY,INSURANCE cannot be attached right.. please notify me if im wrong ?

G.L.N. Prasad (Retired employee.)     04 November 2018

Please understand the subtle difference.  PF, Gratuity, a pension when with an employer cannot be attached. But, when they are in deposited in the account,  they are no more such TB but take the shape of bank deposits.

Those who filed suit can not remain silent after obtaining decree and may be soon filing Execution petitions, and you may have to defend it.  So immediately contact advocate who can offer suitable advice.  Normally he will advise you to withdraw all the balance immediately before the amount is attached.

P. Venu (Advocate)     08 November 2018

In my considered opinion, the funds, , such as gratuity etc, which the mother  has received in her capacity as the wife of the deceased employee cannot be considered as estate she has inherited from her late husband. As such, such funds cannot be attached in execution proceedings.


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