Rakesh Kumar Mishra (Project Coordinator) 19 June 2014

So called debt from my father

Hi All, Good evening, I am Rakesh Kumar from Delhi, I need your advise to deal with my present situation. My father passed away on May 28, 2014 and he was in a small property dealing business. After his death all of sudden few people came with the dialogue that they have given some loan to my father which they don't have any documents. Also they don't have any witness that my father has taken money from them. We didn't find any paper or note from my fathers document which will say that he has taken any kind of loan from anybody. Also he was not addicted to anything and we didn't find any kind of cash or property which is out of our knowledge. Also when he was alive nobody had claimed that they have given him any loan but after his death one by one they all started calling me to settle the amount. Which is kind of impossible for me, now they have started to come my home, please advice what should I do. I just want to stop all this asap. Please help me to get out from all this you can write me at rakeshecoasia@gmail.com or can call me at 9818865252. Thanks to all of you in advance to support me. Regards Rakesh Kumar

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2 Replies

Kumar Doab (FIN) 19 June 2014

Debt is not inherited. Estate is inherited. Debt of deceased can be recovered from estate of deceased.

There is no secured debt and there is no witness, evidence.

Hence you may record all meetings (audio/visual) in consultation with your real well wishers and preferably a lawyer well versed with such matter/revenue matters .

It is believed that you are Hindu and after the amendment in Hindu Succession Act in 2005 there is no pious liability of Son to pay debt of father; Sec6(4).

Approach a lawyer ASAP.

Laxmi Kant Joshi (Advocate ) 19 June 2014

Rakesh according to hindu law it is a pious duty of a son to pay the debt of his father , if father had taken such debt for the sake of the family welfare , but as you said during the lifetime of your father noone had visit your home and asked to refund the debt after the demise of your father the people come and ask their money without having any relevant proof with them , tell them if you have the proof only then come to my Home otherwise i will call the police that you are unnecessary harassing you and also defaming you and your father , if they not listen to you then call the police , then they will scare to come only reasonable person will come to you for their money if any .