My late grandfather supposedly took around 8 lakhs and used a promissory note to do so he is left his wife and three sons(x,y,z), one(x) passed away(my father) of the two sons, one(y) along with his sons inlaws has filed a case for recovery against the supposed loan of 8 lakhs which my late grandfather took from the y's sons inlaws. they have asserted the claim on the whole of property. another son(z) filed a case saying that he has right to the property and is demanding the others to forfeit the rights of inheritance, for reasons that he is paying the loan taken from the bank by my late grandfather. x's(my late father) his two sons(me and my brother) and wife(my mother), we are getting dragged into these two sons "I want it all no matter what" court cases. y is indirectly asking and z is directly doing so. what i would like to ask is the legal validity of the said claims? is the claim legally valid? if so under what sections? can a claim on negotiable instrument literally jump two generations to demand money? (in our case my both grandfather and father(x) passed away) what legal approach available to the x's heirs(us)? please clarify this money motivated cases we are being dragged into.
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1) on grand father demise his legal heirs are liable to pay grand father debts to extent of his inheritance
2) on demise of father of you have inherited grand father assets you would be liable only to extent of your inheritance
3) engage a local lawyer
The claim made by the two sons of your deceased grandfather are justified from their view point, if it was not maintainable then the courts would not have entertained their suits.
The provisions of law that they rely upon have been clearly mentioned int their suit itself, you can obtain the copy of the plaint and look for the provisions of law under which they claim the relief.
The claim about the recovery of loan would depend on the papers on the basis of which the claimants make a claim, hence those papers are to be scrutinised to render any proper opinion to this query.
X is also one of the legal heirs to his deceased father, now since X is no more living, his own legal heirs are entitled to the share that X is lawfully entitled. Therefore the legal heirs of deceased X want to inherit this legitimate share in that property, then they are obliged to repay the debts that the deceased property owner incurred during his lifetime proportionately to the extent of the properties that they acquired at par with other legal heirs/successors in interest.
- Under the Hindu Law, a son is under a pious obligation to discharge his father's debts out of his ancestral property regardless of the possibility that he had not been profited by the debts.
- Further, if the debt is purely personal debt of the father, then it cannot be passed over to the legal heirs.
- Further, they cannot get order of attachment property of son for the debt of your father, because father and son`s assets will be treated as their respective separate properties.
- Moreover, if you got property of grandfather both movable or immovable properties through inheritance then only, your liability to pay the debs, after selling those inherited property.
- Further, the limitation period for recovery is limited to 3 years from the date of the agreement of loan or the last payment by the debtor .
- Hence, after a long period and passing the limitation period his suit is not maintainable , and he cannot recovered the amount from legal heirs.
my grandfather passed away on march 2018 and had supposedly taken money(8 lakhs) over an alleged negotiable instrument for meeting personal expenses sometime in 2016 and last payment towards the said debt was in 1st quarter of 2017. we have not inherited any movable or immovable properties relating to my grandfather.
Until and unless you people have inherited any share out of deceased debtor's property, you cannot be made liable to repay his debts.
You are not liable to pay grand father debts
file detailed reply denying your liability to pay his debts as you have not inherited any property of grand father
The legal rights will be there for the legal heirs of the grandfather but the debt of grandfather will also be borne by them.
- Since you have not inherited any property relating to grandfather , then you are not under the burden of pay the debt taken by him.
- Further, as the last payment was made in 2017 , then after passing of three year no case made out.