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Mp Krishnaiah   15 December 2020

shit on legal heirs

Dear experts,
A person borrowed some amount and executed a promissory note and after one year he died, leaving his wife and a minor son having lands. Can a suit file to recover the amount on his legal heirs?

Hope to hear from you soon.
thank experts in Advance



 9 Replies

Pradipta Nath (Advocate)     15 December 2020

If the lenders proceed to recover the debts from you on the basis of the promissory notes executed in their favour, the court can hold you liable for the repayment of debt to the extent of the property of your deceased father which you have inherited. On your failure to repay the amount the court can order attachment and sale of it to recover the debt. Your personal properties cannot be proceeded against as you have no personal liability to repay the debts of your father.

Awni Ranjan (Online Corporate Trainer )     16 December 2020

PLEASE get full details of documents signed by the borrower for appropriate opinion 

CHECK for any document other than the promissory note 

However, based on promissory note alone the lender can at best file a money suit , generally ( even in banks also )  the promissory note does not bind legal heirs of borrower

If the borrower had signed only promissory note then if will not be possible to recover from the legal heirs 

BUT,  if the borrower had some left properties then the lender has recourse of recovery from the holders of that property 
 

Adv.Aiyer VLV (Proprietor)     16 December 2020

You = heirs
1. a promissory note being negotiable instrument, carries presumption that it is properly executed and due consideration is validly paid. they need to prove execution with at least 1 witness of the mandatory 2. in case 2 witnesses aren't there or you could discredit and prove their witness is bogus, could defend successfully

2. you need to prove that it is total fraud and no consideration was or could have been (like on date of execution, the person was not in town) you can throw the case

3. onus is on Plaintiff to prove execution. Burden is on heirs to disprove NI to succeed. Presumption is stronger and evidence is a must. if both witnesses fail to attest the DPN case will fail

A similar case where intricacies are discussed is provided for study
https://indiankanoon.org/doc/1519050408/

Awni Ranjan (Online Corporate Trainer )     16 December 2020

Someone has added " Shit on Legal Heirs "

The wordings are objectionable on this forum 

Quite sad ?

I am leaving 

Best Wishes 

2 Like

Adv.Aiyer VLV (Proprietor)     16 December 2020

In this query,  no such usage sir

You may answer the query

Dr J C Vashista (Lawyer)     17 December 2020

What is the issue / fact qua subject of the post "SHIT ON LEGAL HEIR" ? 

Whether Admin LCI did not notice such stupidity ?

2 Like

Awni Ranjan (Online Corporate Trainer )     17 December 2020

Thanks Sir for your observation and intervention 

SUCH words undermine the credibility of the most informative and useful site

Thanks & Regards 

Adv.Aiyer VLV (Proprietor)     17 December 2020

Hello Sir

Guess it is typo 

Suit became S-it 

But I'm not seeing that in App now 

Does it show even now? 

 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     01 January 2021

You say there are properties. In whose name those properties are? Are they in the name of the deceased? Or such properties are in the name of Minor and/or Wife and if so from when and how they acquired?

 

  1. If the properties are in the name of the deceased, a suit can be initiated attaching such property for recovery of the dues on the strength of the promissory note. If the value of the property is not sufficient to pay the Promissory note, no suit can be brought against the legal heirs for the differential amount.  The point here is that a Legal Heir is liable to the extent of the asset/s he/she inherited and nothing more.
  2. If the properties are in the name of the Legal heirs and they acquired the same on their own, such properties cannot be proceeded against for recovery of the Promissory Note of the deceased person.
  3. If the legal heirs are holding properties that were at one time in the name of the deceased person which were later transferred to them just to avoid being attached, the possibility of litigation exists and probably a suit shall result in attaching such properties even if they are in the name of the Legal Heirs.

In any case, if the Promissory Note is genuine, it is better to get the matter amicably settled instead of getting the properties litigated in the process.

 


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