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Sandeep   31 October 2019

Father's debt transferring to wife or children

If a man owes people money, due to borrowing in business, are the wife or children liable to his debt ? Do note that the wife and children are not aware of these borrowings until much later, and have not co-signed anything



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 4 Replies

Sb Karma   31 October 2019

Originally posted by : Sandeep
If a man owes people money, due to borrowing in business, are the wife or children liable to his debt ? Do note that the wife and children are not aware of these borrowings until much later, and have not co-signed anything

 

No......A BIG NO...

If family were not co-signed anything then NO libale issue arise.But there are some loop too---

  1. Credit card bill may be liable in specific situation.
  2. If company co-owned by Son/Wife and money used for company.
  3. If loan related to joint property.

So be carefull and study the type of loan he aquire,and go through local Lawyers who deals with banking/financial cases more.

1 Like

SHIRISH PAWAR, 7738990900 (Advocate)     31 October 2019

Dear Sandeep,

Liability of wife and son for husband's due is all depend on how you contest the case. If you prove that wife and son is not having any connection with the earning and business of husband then you may succeed.

Regards,

 

Real Soul.... (LEGAL)     31 October 2019

If there are agreements,DP Notes,cheques, or instruments that is executed while borrowing then the brrowed amount shall be recoverd from the property of the deceased

If there is no written instrument then only moral obligation upon u to pay

Pradipta Nath (Advocate)     31 October 2019

Actually this depends on case to case basis, therefore no direct answer can be given!


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