Are Family members of a deceased liable to repay an Unsecured Loan?
1 year ago
My father passed away a little over a year ago to covid and he had a personal loan against a credit card from Standard Chartered bank. A month after my father passed away I went to the nearby branch of StanC and submitted a death certificate and his credit cards at the branch they said I don’t have to do anything and since it’s an unsecure loan I don’t have to repay as well. My only mistake was not asking for an NOC because I wasn’t in the right state of mind. But not everyday from the past year StanC loan recovery agents call atleast 15-20 times a day asking how am I going to close the loan even after telling them that he has passed away and it’s an unsecure loan we’re not liable they say that we still need to repay the amount to close the account. Now they have even started calling my mothers phone number and my own personal number too not sure how they got our number, the recovery individual had even come to our home to ask how we’re going to repay the money. This is practically harassment from StanC bank and I’d like to know what should be my step and how can I stop them from harassing my family?
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
'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