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Unknown debts from sick father (greater than 75lakhs)


31-Mar-2026 (In Recovery Law)
Hi. My father has taken a lot of debt and used the money to pay off old debts. We left everything without declaring bankruptcy and moved. Recently he took a lot of debts again without any of our knowledge. We don't know exactly what he owns to whom. Now he has been diagnosed with brain tumor and is mentally unstable. With treatments as well we don't know the life expectancy and ability to come back to normalcy. Some of the debtors are reaching out to us to pay back money. What should we do?
Answers (1)

Answer #1
649 votes
At the outset, you are not legally liable to repay your father’s personal debts unless you have acted as a co-borrower, guarantor, or have inherited assets from him. Creditors cannot compel family members to discharge such liabilities in the absence of legal obligation. Given your father’s present medical condition and alleged mental instability, any recent borrowings may be legally challengeable if it is established that he lacked the mental capacity to contract. Such transactions can be disputed before a competent court. You should immediately: 1. Refrain from making any payments or informal commitments to creditors. 2. Seek full particulars of alleged debts in writing. 3. Issue a formal legal reply denying liability on your part. If creditors initiate coercive actions, you may approach the Court seeking appropriate protection. In parallel, consider initiating proceedings for appointment of a guardian for your father’s affairs, to legally manage his financial matters. Liability, if any, arises only to the extent of assets inherited, and not beyond. Proceed cautiously and strictly through legal channels.
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