for your grand father debts your father would be liable to pay his debts only to extent he has inherited property from his father . he should refuse to pay if entire burden has fallen on him and he has not inherited property to the extent of his father debts
Brothers not supporting
hai sir , pls go through the small story line as my father having 3bro and 5sisters, in that my father is elder than others, my father's father had took money and that money being paid by my father none of the other 3 brothers , and all the three totally dependent on my father , my father made her all the sisters to get married , three brothers after well settled they refused to pay the amount even upon the request now what my ? is how to get money from them legally , in that 3 one is senior lawyer so i kindly request how to resolve it...
Asked 10 years ago in Family Law
Religion: Hindu
9 Answers
how can i file a case against them ....
Asked 10 years ago
your father on his own accord paid for his father debts . there is no question of filing case against his brothers .
sir all four of them are sons only and they r dependent of my father for so many years becoz of that my had an lot of credits . is there any chance for filing a case..
Asked 10 years ago
no case is made out . you will only waste money on legal fees .
Who was the creditor of your grand father? Was it a financial institution or an individual? If it was a financial institution, then was the property mortgaged by him? Did your grand father leave behind a will making your father liable for the repayment of his debts? If no such will was left behind by your grand father then all his children are equally liable to repay his debts. The entire liability cannot be fastened to your father alone. As such, he should refuse to pay the debts in entirety.
Your father volunteered to repay in full the debts of his father even when he was not obligated to do so. He cannot now file a case against his siblings.
There is no chance whatsoever. Litigation will be a waste of time and money.
Your father is only liable to pay debts of his father if he has inherited any property from him and that too to the extent of amount inherited. and same is the case with brothers also.If your father has inherited RS-10 from him he can not pay debts of Rs-100 of your grand father .If no inheritence then he is not liable to pay any amount as debt of his father.
From your story it seems that your father has acted as manager of Hindu Joint family and therefore paid the debts of your grand father. It seems that now the family has divided. In that case your father is liable to pay the debt to the extent of 1/9th share and the payment 8/9th share debt is to be equally paid by all other 3 brothers and 5 sisters after partition in the family or according to the settlement.
Dear Querist
what are the reasons that your father or you want to recovery the money from them?
is any partition suit is pending before court or you or your father want only his money from them paid by your father only against his father's debt.
