My mother has a lot of debt My mother has a lot of debt

2 years ago

Hello, My mother is facing a lot of harrassment in recent years.. she's a central government pension holder, she used to get a good amount of pension and in that way she used to pay those debts but a large amount of pension got reduced last year (this is some rule of the central government I'm not sure exactly) and since then she's unable to pay those debts... All the creditors are harassing everyday, asking for money... I got out of college recently and got my first job, I've planned many things with my salary but I am unable to do those because I'm also paying her debt and even that is also not enough now... We're facing harassment everyday... I don't know what to do... That is why I want some legal advice, what should I do right now... Because I really don't know all these ways... Please help me in this...

Anik

Responded 2 years ago

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A.Dear Client,
Please specify whether the creditors are individuals or banks for any kind of advice.
Thank you
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You are not liable to discharge loans raised by your mother please see the following.
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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

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