My father was government employee and taken loan, are we liable to pay?
2 years ago
My father was government employees he has taken 125000 by signing demand promissory note.
My father was expired recently me and my mother as legal heirs we claimed all settlement amounts from his office are we responsible for his debit
Ayantika Mondal @ Prime Legal
Responded 2 years ago
The liability of legal heirs for the inherited debts is not the same in all situations. So, a legal heir may not be legally obliged to repay all the amount that was taken by the guardian
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If a person passes away before repaying an unsecured loan, the lender cannot claim unpaid dues from the surviving partner or legal heirs of the deceased. The legal heirs are liable to the lender only to the extent of value/assets, if inherited, from the deceased.
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A.Dear Sir,
You may read the following principle and avoid to repay the same as it is unsecured loan.
'Pious obligation' means the moral liability of sons to pay off or discharge their father's non-avyavaharik debts. ... The ancient doctrine of pious obligation was governed by Smriti law. There is a pious obligation on the sons and grandsons to pay the debts contracted by the father and grandfather.
Hindu Succession (Amendment) Act, 2005- Rights & Liabilities of a daughter member
Section 6(4) provides that no court shall recognize any right to proceed against a son, grandson, or great grandson for the recovery of any debt due from his father, grand father or great grand father.
Pious Obligation gone
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