Clarification on paying father's debt after his death by family member
22-Feb-2023 (In Recovery Law)
My father left the family 4 years back and not paying us anything over the years. Now when he died we been asked to pay lots of loan he left off (We unaware of any of this and got no benefit ever on it) - some loans he taken legally form banks and some from persons he knows with no legal agreement. The only sum he left for us is from his PF, Gratuity and pension. I am under pressure to pay the debt which I am or any of my family member never benefited with or came across. Please advice on my following questions : 1) Do I need to pay my fathers debt (never know or benefited) from PF/Gratuity/Pension the only sum he left for us? 2) How can I verify the person from whom my father taken the money is real? and if he possess the agreement how can verify its true and legal? 3) I there any way I can save this money occurred from PF and Gratuity as this can help the family a lot.
If your father taken loan from banks then bank have legal authority to send you notice and inform about balance debts /loan to repay. Otherwise bank also have authority to seized his account attached your property also till the recovery of loan amount. There also quite possisibilty that bank recover the loan amount from PF and gratuity amount.
Other than those person told that your father borrow personal / freindly loan from their freinds then you are not liable to pay because you are not aware about that . If they made any agreement for that then that agreement must be legal notarized or registered along with 2 witnesses signed before date of your father died then only your liable to pay
Other than those person told that your father borrow personal / freindly loan from their freinds then you are not liable to pay because you are not aware about that . If they made any agreement for that then that agreement must be legal notarized or registered along with 2 witnesses signed before date of your father died then only your liable to pay
1) You need or need not pay your Father's loan as it is up to you and the burden of your father's loan without your knowledge is injustice inflicted upon you.
2) Verification can be done through scrutiny of the papers through an advocate.
3) You can save the money. If you have not signed as a guarantor or promised on behalf of your father then you can.
2) Verification can be done through scrutiny of the papers through an advocate.
3) You can save the money. If you have not signed as a guarantor or promised on behalf of your father then you can.
The only way to save the money from debtors is to make sure that the debtors do not know the details of PF, pension and Gratuity account no's and when they are likely to be released. As far as the genuineness of transactions entered into by your father are concerned, you can simply dispute the signatures and it will be the duty of the other person to prove the same.
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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