CHIT FUND ISSUE
2 years ago
We taken 5Lakhs Chit in An Private company I think my father paid and cleared the loan...payment collected by two agents from the company
as we think it was completed my father passed away 1 year back the last payment done in AUGUST 2018 according to their Balance sheet,but collection agents collected amount i think my father said that it was cleared ,Some one called me and asked 36000 BALANCE AND 10000 INTREAST AND ALL THEY NOT EVEN communicate with US FROM 2018 TO TILL NOW ..i asked to give the two collection agents numbers who collected amount they said they resigned and gone what should we do in this case
A.Dear Sir,
Let them go to Civil Court you will win the case as per recent amended provisions of law. Either son or daughter not liable to discharge the liabilities of father if they are unsecured.
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'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
please see if you have any proof of the payments done and attach that to a legal notice and send it to the company.
Thank you.
Jagannath S Pawar
Responded 2 years ago
A.Even they have resigned and gone in unknown place company is liable to give you complete details and statement.of loan account before asking for any outstanding loan amount. If not done so plz go Legal way.
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