Fathers debt Fathers debt

8 months ago

My father accumulated a debt of over 1 crore from people. Multiple people have my father black money and tried to use him to convert it.
This happened 6 years ago. Now I am worried if this will come to me? Will I inherit my his debt? I haven’t signed anywhere for this.
To make it clear, there is no bank debt. Please help.

Legal Counsel Vidhikarya

Responded 8 months ago

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A.Dear Client,
Generally, the deceased person's estate is responsible for paying any unpaid debts. When a person dies, their assets pass to their estate. If there is no money or property left, then the debt generally will not be paid. Usually, no one else is required to pay the debts of someone who died. A Hindu son is not personally liable to pay the debt of his father even if the debt was not incurred for an immoral purpose: the obligation of the son is limited to the assets received by him in his share of the joint family property or to his interest in such property, and it does not attach to his self-acquisitions.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 8 months ago

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A.Dear Sir,
'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
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. Explanation to Section 6(5) provides that partition for the purposes of this section means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.
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