Legal Question in Wills and Trusts in India
My father expired few months before (no will also & indian hindu family), my father have 2 properties - 1st properties land with house & 2nd properties empty land only, my mother and 3 Children�s are legal heirs now. My mother Borrow 25 Lacs Money from 3rd party (not bank) based on our 1st property (with house) for father�s hospital expense and her maintenance also. She put sign to the 3rd party document also. Now she is not able to repay the money.
Who is the authority to pay the money to the 3rd party after mother death? We 3 Childs are the responsible? Or we have right to go to court?
2 Answers from Attorneys
the money ought to be paid out of the joint family funds and the creditor cannot claim money out of your individual funds. however, this being a tricky situation, it cannot be opined exactly as to what is the legal position of the debt. it may be so that the debt cannot be carried forward to legal heirs or vice versa. it is advisable you state all the facts clearly.
The legal heirs are liable to pay the dues against any property.
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