Ravi sharma (Srvice) 31 December 2010
my parents had a loan default case with a bank. After their death the bank move a subsitution application to make me & my borther a party on the pretext that we have inherited the property( which is not correct).
the application has not been yet accepted by the court and the matter is pending..
mean while i had applied for a job in PSU and got thru ...in thier Form, i have to inform whether any case is pending against me or not
in this case will it be taken as a case against me
G. ARAVINTHAN (Legal Consultant / Solicitor) 01 January 2011
defend the case with a point that you have not inherited the property
Ravi sharma (Srvice) 01 January 2011
Wud be truly thankful if you could answer my that will it be treated as a case against me...
G. ARAVINTHAN (Legal Consultant / Solicitor) 01 January 2011
Already they have filed a case against you. But the same will be very weak if you prove that you have not inherited any property from your parents
shiv mohan gulati (member) 02 January 2011
Yes, it can be said to be a case against you, because the sons have to discharge the legal and pious obligations of their father. Even if you have not inherited any property from your father, even then, you could be made liable for repayment of the loan taken by your father, because the loan taken by your father, was for the benefits of the family members and for legal purposes. In case, you plead that the loan taken by your father was for some immoral purposes and was not meant for benefit of the family, then only you can escape the liability from repayment. As per law, legal heirs have to discharge the pious legal liabilities of the parents and the bank is right in impleading you as a party to the proceedings, in which your father was a defendant.
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