Legal Question in Family Law in India
Hello,
My Father died in the year 2007. He was a central govt employee. When he died, he owed a Personal Loan from a Bank for around 3-4 Lac approx (not sure). Now after 4 yrs, we've received a final settlement from my father's office, which says we are suposed to receive some money but for that the HOD of father's deptt. is required to sign the papers which they aren't and have asked us to get a NOC from the bank because of the Loan owed. Now our concern is, we aren't running in a very good financial condition. We've no cash at any of the bank accounts. I'm just able to earn for the livelihood coz I'm a salaried person with no good salary.
This amount if earned wud be the only asset for us for my mother's future and my marriage coz I'm already 28 now! Now tell me whats the way out, if taken a legal help. Would bankruptcy prevent my mother from paying this debt or advise us with some solution coz we're into mess now. I'm afraid as my mother would now be required to run into courts with all that harassment!!! Please help us...
1 Answer from Attorneys
to my mind, the service benefits to be inherited by legal heirs of govt employee are not subject to the personal loan sought by the deceased. in this situation, a lawyer would be able to help you out as he would try n convince the department the legality of their objection. was the loan account linked to the salary account of your father?
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