Legal Question in Credit and Debt Law in India
Debt payment
my father was taken an amount of Rs.25000 froma a person on 2 years back now my father died and they are forcing me to pay the amount in case idid not pay the are saying that they will put cheationg case on me please give me what should i do.
5 Answers from Attorneys
Re: Debt payment
They cannot put a cheating case on you. More facts needed to answer about your liability - if any to repay.
Re: Debt payment
The following information is necessary to form an opinion
(i) whether any property inherited by you was in any manner charged to the said creditor and whether he has documentary proof to prove this
(ii) whether anything relating this outstanding liability has been mentioned in the will/any other documents
(iii) since you have no direct contractual/any other relationship with creditor what are the grounds mentioned by him to cite you for cheating
(iv) Full brief may be submitted
Re: Debt payment
The law says that you are liable for the debts of your deceased father, to the extent of the estate inherited by you from your father. In case, there is no such inheritence, then you are not liable.
Re: Debt payment
the Son is only liable to the extent of estate inherited from father and no more.
in any case, u can file a complaint against them for harrassment.
There is no case of cheating made out.
Re: Debt payment
Its a Civil Liability which was on your father & aftre his death they can initiate civil proceedings against ouy for recovery of said amount & in case the Decree is passed then the amount is recoverable from your father's property. You are not personally liable & remember there is no case of cheating under section 420 I.P.C. can be initiated against you in any circumstances,dont be afraid.
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