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What is the son's responsibility in paying father's debts
01-Jun-2023 (In Civil Law)
a government died in his service, he had some debits with promisery notes. his debitors are trying to get attachment to his sons saleries from the court, is this permissible in the court, if it is permissible please reply in which cases it is permissible
Dear Client,
For the debts of father, sons salary or property will not attached and father and son are different in the eye of law. That is to say father and son`s assets will be treated as their respective separate properties. So, It is false to state that for recovering deceased father`s debts, sons` property will be attached. I can say, if son got property of father both movable or immovable properties through inheritance then the creditors will proceed against the deceased persons assets in the hands of Legal Heirs i.e., sons. If sons did not inherit any property from father, sons property will not attached.
For the debts of father, sons salary or property will not attached and father and son are different in the eye of law. That is to say father and son`s assets will be treated as their respective separate properties. So, It is false to state that for recovering deceased father`s debts, sons` property will be attached. I can say, if son got property of father both movable or immovable properties through inheritance then the creditors will proceed against the deceased persons assets in the hands of Legal Heirs i.e., sons. If sons did not inherit any property from father, sons property will not attached.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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No, the debtors cannot attach your salary. If any ancestral property (including your father's self acquired property) which is inherited by you on his death, they can attach. Since salary is your own property they cannot attach.
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Adv. Ravinder Pasula
Hyderabad | 100+ Answers
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the sons liability over the father debt is limited the debts need to be recovered out of the assest bequeathed by you through your father only you need to seperate own earnings and the properties bequeathed by you through your father. if there is no property bequeathed by you through your father you need not need to worry
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Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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