Legal Question in Banking Law in India
My father expired in July 2012. He had taken loans against property on Kisan Credit Card from HDFC bank and State bank of Patiala.
Recently, I came to know that under hindu Act 2005, son is not liable to pay the debts of father. So my question is that
1) Are we (Legal Heirs) liable to pay the debts?
2) We paid some amount of the loan to avoid interest on the principal. Can we recover the amount from the banks that we have paid till now?
2 Answers from Attorneys
You are liable to pay your father's debt to the extent of property devolved on you on the death of your father.
You are liable to pay your father's debt, only to the extent of the estate you inherited from your father, and not beyond that. If you did not inherit anything from your father, you are not liable to pay anything.
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