'A' a hindu father has incurred debt of personal benefit he dies leaving behind his daughter ,son, father mother in the year 2005 distribute the joint family property of the deceased and give a solution to his pre debt

If it is his self acquired property then they have to discharge the debt first then afterwards all of them including his wife gets equal share.


When a person dies, his bona fide creditors have a first charge on his estates.  Only whatever, if any, is left of the estate of the deceased, after the dues of the creditors are settled, can be distributed among the heirs or successors of the deceased. If the estate is distributed among the heirs or successors, without settling the dues, the creditors can sue such heirs or successors jointly and severally to recover their dues.  If part or whole of the estate had been sold without settling the dues, the creditors can sue the buyer also. If the father died in the year 2005 and no claim has been legally made by the creditors so far, their claims will lapse under the law of limitation as more than 12 years have elapsed after the death of the deceased.




Your are not logged in . Please login to post replies

Click here to Login / Register  


  Search Forum


  LAWyersclubindia Menu

Complete Hindu Laws Course     |    x