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Saravanakuamr (Software Engineer)     05 August 2016

Legal heir property dispute

My father died last month. He had loan (Home loan, Co-operative loan, car, education loan of mine and my sister and other loans as well), approximately 25L (Lakhs) . Since He is a government employee, we will be getting settlement of 10L. And our home worth Rs 30L. we are planning to sell our home. So what I told my sister is , we will pay all the loan (Home, education, car other private party loan) from our Home and Dad settlement. At last whatever is remaining we will take 50% each. But they are refusing, because they want me to pay my education loan by myself (since my education loan is 4L and my sister's is 1L). For your information I had supported my father by giving 7.25L (Paid Rs18000/ month) from the day I got job. Please advice me the right way as per law.


 5 Replies

adv.bharat @ PUNE (Lawyer)     05 August 2016

As total loan is 25L your family members ahve to joint and severally liable to pay that amount. Each member need to pay 8.35L to complete that liability.

As your education loan is 4 L u need to pay more that is 13.35l includiing interest.

You can setter it amicably among all family members.

after satisfying all liability you can sold it and share profit accordingly.

If u appreciate my answer then give THANKS on my profile.

1 Like

Kumar Doab (FIN)     05 August 2016

The lenders can recover the debt from estate of the deceased.

It is responsibility of each of children to maintain the parent(s).

It is certainly better to determine joint and indivisual share and settle amicably.

Register family agreement and leave no scope for future litigation.

 

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     05 August 2016

There is a pious obligation as per Hindu law , upoin the legal heirs to settle the accounts and clear the debts of their late father. The liability shall be joint. If your sister is not agreeing to distrivute the liabilities impartially, file a partition suit and claim your legitimate share as per law.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

1 Like

Kumar Doab (FIN)     05 August 2016

Hindu Succession Amendment) Act,2005 The son is not liable to pay debt of father.

Lender can rcover from estate of the borrower.

It is certainly better to determine joint and indivisual share and settle amicably.

Register family agreement and leave no scope for future litigation.

Or approach court shall settle and partition.

1 Like

Sonia malhotra   07 August 2016

File suit for partition Soniamalhotra 9953611602

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