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Harsha Matadhikari (Software Engineer)     07 February 2012

Son's liabilities for father's fraud.

Hello All,

My father had never looked after us(me and my sister) since our childhood , he kept on being absconding but visit us for a week/fortnight once in one-two years . Even when he visited, he used to take money from my mother. My mother expired when I was in my final year engineering course. Since then my father had been absconding again for a duration of  10 years.

Recently he returned an year back and stayed in his sister's house. He also joined as an employee in a private establishment. I used to meet him seldom when he used to call me, but the relationship was never cordial . Recently he made fraudulent transactions in his company and has gone absconding again. I came to know that he has also made loan with some private financiers.

The establishment owner has called upon me now and is insisting me to pay for the losses. I dont know when other financier's also come knocking the door.  I suspect that my father has the habit of betting on horse race but I am not sure, he keeps his activities discreet.

My questions are:

1.  Is a son liable to father's misdeeds? If yes upto what extent? Will it apply even when he has not taken care of his children?

2. If he takes loan using my name and position as surity without informing me, am I liable?

3. If he does some fraud/crime will I be liable?

4. In future if I have to be free of any liabilities, what action should I take? Will giving an advertisement in newspaper help?

5. Can I file an FIR against my father?

Please answer quickly, the establishment owner has told he has filed an FIR but has kept it on hold with his influence. He says he can revoke it anytime.

Regards,
Harsha

 

 

 

 

   



 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 February 2012

If the loan was for the benefit of the family then you could have held liable, but your father did for his bad habits so your not liable.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 February 2012

Harsha,

Liability arises only when the father contracts a debt for pious purposes that too out of the ancestral property. This principle is now obsolete after 2005 amendments. You are not liable for his misdeeds. You wont be liable for any loans that he takes on your behalf. I hope you havent signed any papers. If you have - you can get them cancelled in a court. 

Furthermore you can give a public notice - severing your relations - get it drafted by a lawyer. Feel free to seek any clarifications.

 

Best of Luck !

 

Bharat

Advocate (Delhi)

Convenor : Lawyers for Social Justice

Tel : 9810553252 (only 6 to 9 PM) 


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