opendelivery (Worker) 11 February 2013

Recovery of loan from legal heir

I am a housewife, My husband took some loan for his business from 3 different banks. However he died 2 years back, now the banks have filed case against me and my children for recovery. My economical condition is very bad, one of my kid is just 15 and there is no help for me from anybody and in current condition after death of my husband,its getting even harder to pay rent of our house. I need answer for below questions

1) We had not inherited any property from my hudband, am i liable to repay loan?

2)If we lost case in court, what is outcome, since i dont even have money to pay fees of advocate

3) All loans taken by my husband were not even known to me, only after i got notices of court,i came to know it

4) Any valuable gudiance recieved will be appreciated

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6 Replies

A . K . SETH (ADVOCATE--LEGAL ADVISOR) 12 February 2013

Relax & Trust in God. When you have not inherited any property from your deceased husband, you will not have to repay any loan to any bank. Otherwise also , when you were not party to contract of your husband with the bank in loan transaction,you can never be legally made liable to pay that liability. If you can not hire a lawyer, apply to court concerned, which shall engage lawyer for you to contest your case and defend you.

akseth advocate::::::aksethadvct@gmail.com

Om Prakash Dhusia (HR assistant) 12 February 2013

Thanx Mr Seth for guiding this lady. Regards

K.K.Ganguly (Advocate) 12 February 2013

1) When your husband had taken loan from 3 Banks then certainly he had mortgaged properties towards collateral securuities with the Banks,

2) Where did the Banks file cases against you? Have they filed Original Applications before the DRT?

3) If you have not inherited any property from your husband, then Banks can not claim your property,

4) Relax.

JANAK RAJ VATSA (ADVOCATE) 21 February 2013

who has stood surity for your husband loan from banks or what property has he mortgaged to the bank for this. if you have no property left, then nothing can be done by them