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Sridevi .S   25 November 2021

family query

One of my friend is a widow and she is staying with her in laws. My query is her father owes money to many of them which he has taken without her knowledge or her mom knowledge. Will she or her younger sister who is still studying be liable to pay off his debts in case of his death or if he loses his job or declare insolvency as per law?


 2 Replies

Shashi Dhara   25 November 2021

No they are not liable  ,if her father owns any property  then  it will be charged for debt.

Anaita Vas   25 November 2021

As per the Hindu Succession Act, 2005, a son is not liable to pay back his father's debt out of anything that he had made out of his own income or savings. He is only liable to pay out of what was his father's property and his inheritance in the same. For instance, the bank would auction his father's house to recover the dues, but, the law doesn't allow the banks to liquidate his son's house if he is not a co-borrower. However, the banks may check whether his son or his other siblings were willing to get the home loan transferred in their name. In some cases, the children may want to repay the home loan and not get their father's property auctioned. However, if a son cannot afford or doesn't want to take on an additional expense, the banks cannot force the legal heir. Legal heirs include the wife and daughter/s as well. Therefore, the banks can approach children and the widow to recover (or transfer the loan/debt). All these heirs in dire cases may have to part with their inheritance in the deceased's property although a mother's property cannot be attached or liquidated by banks.

 

Regards,

Anaita Vas


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