LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Surya   12 December 2024

Signed a blank pro note

My father was expired recently. He signed a blank pronote in the name of X. Now X has lodged a suit against us i.e, legal heirs for 5 lakhs. We dont know the exact amount taken by my father. Court issued a pro order holding the process of arrears and benefits. We are sure that my father was not availed that much amount. He would have availed 50K-100K and ready to pay that. But they are asking for the nearly 6 lakhs with interest. We dont have any prrof from our side. Please guide us in this regard



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     12 December 2024

Legal heirs may be liable to pay a deceased father's personal loan, but it depends on several factors, including: 

Personal loans are unsecured loans, so lenders generally cannot force legal heirs to repay them. However, if the deceased borrower created security for the lender, the legal heirs may be liable to repay the loan to the extent of the estate they inherited.

If a loan is taken out jointly by two or more borrowers, the liability to repay the loan is passed on to the co-borrowers. The consequences of a single borrower loan will be determined by the nature of the loan, whether it is a secured or unsecured loan.

A lender cannot compel legal heirs to pay off an unsecured credit, such as a personal loan or credit card debt.

if a debtor dies before repaying an unsecured loan, the lender cannot recover unpaid debts from the deceased's surviving partner or legal heir.

Legal heirs are solely accountable to the degree that they receive any assets from the borrower. For example, if a legal heir inherits property worth Rs 1 lakh, the legal heir will only be liable to the deceased's lender for that amount, not more.if you inherit assets from a person who died with a loan outstanding, you must assess the asset's value and decide how to repay the loan.

Murali mohan B (Advocate)     12 December 2024

Hi Surya,

To handle this, please approach an Advocate with Suit documents, so that he/she will guide you by considering the various parameters such as 

  • Nature of Lender i.e., Insitutional lender/Individual
  • Mode of payment through Cash/Cheque
  • Date of payment and Pro Note
  • Witnesses Etc.,

Murali mohan B; Advocate
+91 94445 82897
muralib.adv@gmail.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register