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Can suit be filed against deceased legal heir for recovery
06-Aug-2023 (In Civil Law)
I made an investment with a businessman on cable television business of Rs.80,000 with a legal partnership agreement for Rs. Two lakhs on ₹100 stamp duty. I made a delay in part investment and as a reason of it, he didn't proceed with the implementation of business and because of it, I asked him to nullify the agreement. He nullified the agreement and agreed to pay back the investment of Rs.75000 through Cheque. But before I could cash in the cheque he died. I requested the same amount from his son. He disagreed on payment and I want to file a lawsuit against him. Is there any way for me to file a complaint against his son for his father?
Hi, as per your query I would like to inform you that you can claim back your dues from the son of your deceased partner.
Please note that the Legal Heirs of the Deceased Parents are responsible to settle the debts of their parents. Please consult an advocate and send a legal notice to the son of your deceased partner to pay back your debt. If he do not return the amount, then you may file a suit for recovery of the amount.
Please note that the Legal Heirs of the Deceased Parents are responsible to settle the debts of their parents. Please consult an advocate and send a legal notice to the son of your deceased partner to pay back your debt. If he do not return the amount, then you may file a suit for recovery of the amount.
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Adv. Rajesh Kumar K
Bangalore | 400+ Answers
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Do legal heirs have to pay debt if borrower dies?
After the death of the original borrower, in some cases the lender will initiate a process to recover any unpaid amounts from the assets owned by the new loan recipient. The bank can even contact the legal heir in such cases to recover the debt. 01-Sept-2023
What is the Supreme court Judgement on legal heirs?
The Supreme Court ruled that a woman/daughter can be considered a joint legal inheritor as well as a male heir and can inherit ancestral properties equally, regardless of whether the father wasnt alive before the Hindu Succession (Amendment) Act 2005 came into force. 15-Apr-2023
What is the legal procedure to recover money?
A civil remedy to recover money is to sue a person who has defaulted on a payment. The filing of a suit in a competent court is the civil remedy for money recovery. The lawsuit can be filed under Order IV of Code of Civil Procedure (CPC), which was passed in 1908. 18-Oct-2023
Can recovery suit be filed against legal heirs?
One condition must be met before you can bring a money recovery suit against the sons of someone who has a debt to you. You must be able show that your son inherited enough of his fathers assets to cover what you want to recover from him.
You can file a recovery of money suit against the son of a person who owes a liability to you one one condition. That is you should be able to show that the son inherited his father`s property to an extent to cover the amount you are claiming from said son.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Yes it can done provided you should cross verify with the banker the nominee details of the drawer who has issued the cheque to you but in order to proceed the case easily should have the Partnership agreements i hope that your Firm is Registered under Partnership Act , 1932
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Adv. Nikhil Singh
Belgaum | 100+ Answers
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If the Loan is Secured After the death of the original borrower in such a case, the lender will approach the legal heirs to recover the amount. The lender may auction the pledged asset if the legal heir does not repay the outstanding amount.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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