legal heirs are not liable to pay more than what they have inherited on father demise
file appeal against impugned order that liability should be limited to extent of their inheritance
Liability of Legal Heir
It is about a hindu family. Court has passed an order that legal heirs are jointly and severally responsible to pay father's debt (died in 2022). Whereas the amount is very high as compared to the inheritance. Are Legal heirs liable to pay more than what is in inheritance? And what should legal heir do immediately after the order to claim their limited liability?
Asked 1 year ago in Property Law
Religion: Hindu
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11 Answers
Thank you Ajay Sethi Ji for your promising answer. In which court do I have to appeal and do I have any time limit for the appeal? The order is issued by co-operative court Jalgaon, Maharashtra, but I don't stay in that town.
Asked 1 year ago
file an appeal at the earliest
2) Where an appeal against any order or decision to the Co-operative Appellate Court has been provided under this Act, it shall lie to the Co-operative Appellate Court.] (3) An appeal under sub-section (1) or (2) shall be filed within two months of the date of the communication of the order or decision.
3) Where an appeal against any order or decision to the Co-operative Appellate Court has been provided under this Act, it shall lie to the Co-operative Appellate Court.
As per law, legal heir's liability is restricted to the value of property which he had inherited from disease so the order is not in accordance with law hence should be challenged by way of appeal in higher court.
- 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, no attachment of the property of son can be taken place for the debt of father, because father and son`s assets will be treated as their respective separate properties.
- However, if you got property of father both movable or immovable properties through inheritance then only, your liability to pay the debs, after selling those inherited property.
- It means that you are liable to pay the debts limited to the value of the property which you got in inheritance.
- You can file an appeal against this order before the Co-operative Appellate Court.
- If you are not staying in that area, then you can engage any lawyer for the same.
You can contact for more information.
The liability of legal heirs cannot exceed what they have received in inheritance
The liability is limited to what is received on inheritance
You will have to challenge that order
File an appeal in the Co operative Appellate court if its there in your district
There is a time within which you have to file the appeal. In case of delay in filing the appeal you can file an application to condone the delay in filing appeal on time
No legal heir has to pay only up to inheritance
The legal heirs will be liable to creditors for the value of the assets they inherit, which may be paid to the deceased's creditors. If you have decided to pay off your debts or negotiate with your lender, you should act promptly because any delay will result in a greater interest burden.
For example, if a legal heir inherits property worth Rs 1 lakh, the legal heir will only be liable to the deceased's lender for that amount, not more
You and ther other legal heirs of your decesed father have to file affidavit in this regard before the same court which has passed the orders without hearing you or without impleading you necessary parties to the suit.
If the trial court is rejecting your application about this then yo may file a revision petition before high court and seek relief and remedy
on the basis of court order , do challenge in higher authority. appeal in civil cases is 30 days or you may filing civil revision is 90 days.
Regards,
Sheetal G. Rathod
Advocate & Notary
If the legal heirs inherit any assets from the deceased person, they are obligated to repay the obligation. Legal heirs are solely accountable to the degree that they receive any assets from the borrower. if a legal heir inherits property worth Rs 1 lakh, the legal heir will only be liable to the deceased's lender for that amount, not more.
File appeal.
30 days limitation period.
Dear Client,
Legal heirs are only liable for the debts of the deceased up to the value of the inheritance they receive. If you have been ordered to pay more than this, you can challenge the order by filing an appeal in the Cooperative Appellate Court in your district. There is a deadline for filing an appeal, but you can apply for an extension if you have missed the deadline.
