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Is proprietor of factory liable to pay loan if it is taken by father


24-Mar-2023 (In Property Law)
Dear Sir, Please help me out in my query. I am currently working in Pune. My fiance's father took the loan of Rs 2 crores from different sources (Banks, Relatives, Friends, etc) for his factory but unfortunately things are not going well and I doubt he will be able to re-pay his loan as he is already 55. He have another daughter who is already married. He have made my fiance as the proprietor of office and factory and both are in her name. Till now he have following asset:- A house on his name (no loan, nor mortgaged) worth approx Rs 40 Lakhs Factory, office, factory plot and machines worth approx Rs 60 Lakhs. (As I mentioned my fiance is proprietor of the office and factory) Now my question is 1). If in unfortunate event of the death of my father in law does my fiance is entitled or bounded to pay his loan legally ? 2). What all assets (like house, factory, machines) the creditors are legally entitled to take as a recovery ? Please help me out in this.
Answers (2)

Answer #1
822 votes
The proprietor of the firm (Daughter) is liable to pay all the debts till the extent of the property inherited by him through his father.
All the assets inherited by the daughter from the father can be seized for the recovery of the said debt.
Answer #2
867 votes
Actually it depends on the facts as what the said documents do speak about mortgage loan lien etc if the properties mentioned herein above are given in loan the creditors are legally entitled to recover the same. Unless and and until we do not know the eaxact words or pleading of the said docum we won't be able to give you proper advice

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