Hello,
Much of the discussion on partition suits and succession focusses on inheritance of assets by successors. I want to discuss the issue of the liabilities (loans, etc) of the deceased, and how the successors are answerable to them as well.
How are liabilities handled in a partition suit? Just as there are documents erquired to prove a house or a bank balance to be an asset of the deceased, how are the liabilities of the deceased inventoried or established?
Will the loan have to be in the name of the deceased, just as an asset has to have the name of the deceased as a titleholder?
Another hypothetical example: if some family member other than a legal heir borrowed some money to pay for (say) the medical expenses of the deceased, can he claim it from the inheritors? What is considered satisfactory proof that the claimant family member is entitled to a settlement in the suit? Will a proof be required (by the court) that the loan was obtained for the express purpose of medical care for the deceased, and utilized as such?
I am curious on the whole about how liabilities and claims thereof are handled in a partition suit.
Thanks!
