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Ravi Kiran (student)     25 February 2014

Transfer of father's debts to his son...?

Sir ,
I have recently came across this incident and was in slight confusion...

Transfer of debts of Father to his son a correct thing to do
or
Not
according to our LAW.


now
in this incident father has expired
and
Does his son has any liability for his father's debts?

what are the next steps that have to be done by the son in that situation...



Learning

 3 Replies

laxmi kant joshi (instructor)     25 February 2014

if debt is taken for the sake of the family and utilizes it for the benifit of family by the father, then it is a pious duty of the son to pay the debts of his father .
1 Like

Ravi Kiran (student)     25 February 2014

Thanks for u'r reply sir
but
the money was not taken for benifit of family .
By knowing his behaviour he was sent out of family
and
there is no legal divorce b/w parents.
can you pls tell the steps or measures for the son to take.

First of all
is it correct to blame(i mean to ask for repaying the debts) son according to our law ?

Kumar Doab (FIN)     27 February 2014

The obligation is to pay the decreetal debt from the estate of the deceased. Whoever representing the estate of the deceased is liable to that extent only.

If son (Legal Heir) has not received estate of the father then son is not liable to pay debt from his personal assets……………………………….Civil Procedure Code: 50(2)

If father has deceased after the amendment in 2005 in Sec6 of Hindu Succession Act then son does not have pious liability to pay the debt of father.

Meet a lawyer in person handling such cases, ASAP with copies of all docs and records in person.

 

Valuable advice of learned experts is sought.

2 Like

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