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After father death man asking back loan given to dad no idea about it


31-Jan-2023 (In Recovery Law)

Sir My father passed on 25 october 2015. He was self employed. I am working on a small salary. After his death a person came to us saying that he had given a loan of Rs 500000. We do not have any information about this loan. He has shown few undated cheques issued on his name. Now he is threatening us that he would take us to court and Sue us. I am only earning and we are 4 people. My mother, my 25 year old sister and my 13 year old brother. My father has 1 acre land inherited from his father. Will an action taken against us as property is the only support for my brother future studies.

Answers (2)

Answer #1
793 votes
On death of debtor the loan can be recovered from legal heir. In the present case u all three r legal heirs. However the point is to see if any proper agreement or any other instrument is executed between the parties.
Answer #2
527 votes
Don't worry he cannot after your property unless he files a suit for recovery against you which he'll have to prove in evidence and which itself will take 10-15 years. Furthermore it also depends on the year he took loan etc for purposes of libation which is 3 years.

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