Father who had 2 ongoing civil cases against him passed away unexpectedly, what will happen now

Community Forums Legal Advice India Father who had 2 ongoing civil cases against him passed away unexpectedly, what will happen now

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    • #23870 Reply
      Superjai4816
      Participant
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        Superjai4816
        PARTICIPANT
        March 31, 2025 at 3:54 pm
        My father had 2 civil cases against him.
        He was the mediator for a embroidery machine distributer guy who was the fraudster who took money for embroidery machines from people and fleed from India. Since that guy was introduced by my father to his friend circle, my father made a grave mistake of signing a receipt of accepting the money from his friend for the machine. The money was received by the distributor though and not my father.

        The case has been ongoing for 15 years in Mumbai and my father had neither kept that money but was still fighting the case. What will happen to this cases now?

        Will me, my siblings or my mother be liable in anyway?

        My father had nothing on his name except an FD of 10 lakhs.

      • #23875 Reply
        Silentsuraj4851
        Participant
          S
          Silentsuraj4851
          PARTICIPANT
          March 31, 2025 at 4:11 pm
          Yeah. You’ll all inherit the cases.

          • #23878 Reply
            Akshitaeagle225
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              A
              Akshitaeagle225
              PARTICIPANT
              March 31, 2025 at 5:11 pm
              Are you a lawyer? This i think, is wrong info. Once a person demised, his estate will be responsible i think (his assets). OP ‘s dad estate value around 10L.
              OP, consult a lawyer. You may get options to keep the money (like convert the FD to gold and hide) and get out of this case.

            • #23877 Reply
              Brightwolf7241
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                B
                Brightwolf7241
                PARTICIPANT
                April 1, 2025 at 1:21 am
                Your name defines your personality…

            • #23874 Reply
              Cleverpragati8409
              Participant
                C
                Cleverpragati8409
                PARTICIPANT
                March 31, 2025 at 7:27 pm
                I’m not a lawyer but most probably the case will be close. Because I know someone whose father did some property scam money he kept with him and the case was running for years but one day he died of natural death. And now that money is being used by his son without any legal issue.

              • #23873 Reply
                Fierceanirudh9723
                Participant
                  F
                  Fierceanirudh9723
                  PARTICIPANT
                  April 1, 2025 at 2:49 am
                  Sorry to hear about your father’s demise. The plaintiffs will need to move application in the court to make the heirs of the defendant (your father) party to the suit. Your maximum liability if any will be restricted to the assets you inherited from your father (provided the judgement is against him).

                  • #23876 Reply
                    Superjai4816
                    Participant
                      S
                      Superjai4816
                      OP
                      April 1, 2025 at 3:46 am
                      Are you a lawyer? We will only inherit the 10 lakhs he has but that amount my father has received from my grandfather which is yet to be settled between him and his siblings. Will we be still liable for any amount if there is nothing else in my father’s name?

                      • #23879 Reply
                        Shivanshstar626
                        Participant
                          S
                          Shivanshstar626
                          PARTICIPANT
                          April 1, 2025 at 4:40 am
                          Yes. His inheritance which is yet to arrive will also be included in the limits of your liability

                    • #23872 Reply
                      Happyshark11
                      Participant
                        H
                        Happyshark11
                        PARTICIPANT
                        April 1, 2025 at 5:27 am
                        Since the cases are against your father, his passing will result in the suits abating and being closed if legal heirs are not substituted. Even if the plaintiff seeks to implead you as legal heirs, you will not be personally liable for your father’s debts unless you have signed the document creating the debt. However, your father’s estate—and by extension, you to the extent of the estate—will remain liable.

                      • #23871 Reply
                        Luckyknight8316
                        Participant
                          L
                          Luckyknight8316
                          PARTICIPANT
                          April 1, 2025 at 5:15 pm
                          Question to the lawyers.whay happens if his father did not make a notarized will? Legal heir certificate is such a heavy process. So if op doesn’t apply for legal heir certificate, how can he be liable?

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