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Deepak (Exective Employee)     21 August 2011

Civil liablity in case torts done by parents

Can any one clear the legal consequences on the mentioned below matter along with a soution to the problem

My father is not living with us for last 8 years. His act is rudless towards my mother, my brother and me. In the recent days, he had sold out one property in his name to third party fetching Rs. 65 Lacs. We had not received any sum out of the proceeds from the sale of property. We are worried that we will be held responsible for his acts like my father takes loans from someone through personal financers or by nay other means. His act seems to be doubtfuls and will cause my mother, mine and brother. He has not supported either mentally or financially by any means in last eight years. We have nothing at present belongs to my father or his ancestral property. We are now decided not live with him in future. Can anyone let us know whehter my mother mine and brother could save us from his acts done by him at his own risk either taking loans/ liabilities on our behalf. Can we publish a public notice in this regard that we are not reponsible for his acts, liabilities and torts  in future. If yes, what is the proforma for the same. Will it be done through a lawyer or can be done by just publish in two newspapers only.

 

Please help

 

 



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     21 August 2011

Yes you can do it by publshing public notice in the local widely circulated news paper.  Either you can give it pesonally or thru., an advocate.

If the sold property is an ancestral property then claim you share, you, your brothers and your mother will get share.

kumar t v s (advocate)     22 August 2011

Dear Deepak,

As long as you donot have any property in your hands belonging to your father, you will not be responsible for any of his borrowings or tortious liability. In case you have any property of your father your liability will be restricted to such property.

You do not have to issue any public notice as it would further strain your relations.

chandu (advocate)     29 August 2011

if the property belong to the ancesral u have every right to claim the property


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