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PRATUL PANDEY (SELF)     13 September 2012

Responsibility of hiers in a money suit

My father died in Nov 2006 . An individual has misused his sgnatures and prepared a receipt that My father had taken some amount on loan from him.  He filed a money suit before his death and within the three years limitation period when the said receipts were executed.  The summons reached us  in DEC 2010 after 4 years my father had died. My father was not aware of this money suit when he was alive .

Can anyone advise if we are still liable to return the money  also  can we be exempted from this laibility under any  Supreme Court or High Court Rulings given the above cirumstances





 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (     13 September 2012

All personal causes of action dies with the person, and the right to sue does not survive. This is applicable to cases of personal wrongs like defamation/assault etc. However in case of a monetary liability over a loan, after death of defendant legal heirs can be made party and liability sought to be fixed on them. However their liability is not personal - and proportionate to the legacy they recieve. for eg : if the outstanding loan is 2000 - they recieve 1000 as legacy - their liability is met by paying rupees 1000, if those have not been lawfully disposed off.

Bharat Chugh

*Advocate Supreme Court of India

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