I lost my father in august 2020 . Now the debtors are asking me to pay his debts

2 years ago

I lost my father in august 2020 . Now the debtors are asking me to pay his debts . Am i responsible to pay all his debts . I need some protection from them . What is the process to get protection from them legally . Can you please help me ?

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Anik

Responded 2 years ago

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A.Hello
The general principle is that the son are not liable to pay the debt of their father from their own pocket, no one can force you to pay the debt. Although the person claiming the debt have all rights to recover the money from the assets and property left behind by your father which with be inherited by you.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
You are not liable to pay the debts taken by your father and recovery can be made from his estate which he may leave behind and which you inherit. ... You cannot be made liable to pay from your pocket or personal properties.
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Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.It is necessary to know the nature and character of the Debtors(whether they are financial institutions or otherwise having some kind of money lending license etc) as well as whether there is any documentary evidence9 registered or not) in support of that loan where you had signed as guarantor or otherwise as well as whether any of your father's/ your property had been given in security. To give opinion, all the aforesaid factors are required to be scrutinized in the legal context.

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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You may file a suit for injunction on the following principle.
'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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Abhimanyu Shandilya

Responded 2 years ago

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A.If your father has taken loan and it was unsecured loan where you are not the guarantor then you are not liable to pay the loan. If they reach out to you ask them to file a case against you which will not be sustainable in the court of law and if they harass you then you lodge a complain to police.

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