1) your family is liable for father debts only to extent of property inherited by the family members on father demise

2) you have not mentioned what is the value of father share in flat and the value of the flat as on date

3) if the loan amount is substantial better option is to let bank auction the flat for repayment of its dues .

4) in case fiancier files any case to rrecover the loan amount deny your liability to pay

5) atke the plea that you inheirted only liabilities and no assets on father demise

The debts of your father can be enforced against his legal heirs if they have inherited a property from him. The maximum he may do is file a civil suit for recovery which can be contested by you in defence.

1. The loan taken my your father seems to be the unsecured loan and if that is so then you being his legal heirs are not liable for repay the loan.

2. In that event on the death of your father the liability to repay the loan relinquishes and hence there is no question of attachment of any proeprty on his death.

3. So ignore sch threats and if they pressurise much you can lodge complaint with local police.

1. You and/or your mother is liable for the debt of your deceased father only to the extent of the value of the properties you have inherited from him and nothing more.

2. For example, if he has a debt of Rs.10 lakhs and you have inherited property worth Rs.6 lakhs from him, then you are liable to pay Rs.6 lakhs only to the lender and nothing more.

3. Moreover, no body can commercially run money lending business without availing license from the RBI and also can not charge a rate of interest higher than what has been prescribed by the RBI.

4. You should challenge the accounts submitted by the lender and also the legality in his charging 3% interest per month which comes to 36% per year.

take a written declaration from him in form of notice regarding to all dues. thereafter file a case against him, he has no right to take such a high interest rate. 36% annual interest is void under section 16 of the contract act.

The legal heirs of the deceased are not liable to pay the debts of the deceased.

The legal heirs if inherit the properties or assets of the deceased then they would be liable to pay the debts to that extent of what they availed.

Since the property jointly owned by your parents and the same is already under mortgage loan it cannot be attached towards security without NOC from mortgagor.

The share of your mother in that property is not liable for attachment to repay your deceased father's debts.

The financier cannot claim the repayment from the legal heirs of the deceased borrower when no collateral security was furnished towards the loan amount.

You can refuse to pay the loan amount and may ask him to proceed legally which you can challenge as per law since his claim against you shall not be maintainable.