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My father is dead & now the creditor wants to recover from Ancestral


25-Sep-2023 (In Civil Law)
My father left our family around 10years back before the illegal transaction and was living separately and had many bad habits like gambling and prostitute connections. My mother had filed a case against my father for maintenance and not divorce. As my father was a government employee and when he took Voluntary Retirement, some portion was held by the court for the maintenance of us and we won it. Keeping this point in mind the creditor pointed out to the trial court that we are the legal heirs and got the decree against us. My question is: When my father is dead, does his portion in the ancestral property be represented as mine and not my father’s anymore? Can I argue this in court? And so can I claim that there shouldn't be any recovery on the ancestral property for my father’s debt?
Answers (2)

Answer #1
565 votes
Hindi situation you can say about maintenance case got portion of the property names of your mother you can state in present case you can argue that found only because your mum has got your mum has got purple action
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Answer #2
898 votes
hi you are wrong, all children's, wife etc have right in the property of father or ancestral. when you all have right in his assets, you are all liable to pay all is liabilities., that's is the Law. But in your case it is very clear cut....
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