Liability of son to clear fathers debt

Community Forums Legal Advice India Liability of son to clear fathers debt

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    • #21281 Reply
      Zoyashark509
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        Z
        Zoyashark509
        PARTICIPANT
        April 4, 2025 at 8:00 am
        Recently my father came forward saying he has debts of around 30l. Some in the form of personal loans from bank and some from individuals.We are from a lower middle class family and he used to work in a small job and got retired recently.

        I myself am struggling to make ends meet with emis etc. Now it’s a huge burden to clear these. My father doesn’t have any property in his name and there is one land in my name that came from my father’s father

        Legally, how liable am I to clear these, keeping morality aside. What legal actions me and my father can face in case of default. I’m also thinking if we can just pay the principle as some of the individual loans are of high interest

      • #21284 Reply
        Ranjanstar700
        Participant
          R
          Ranjanstar700
          PARTICIPANT
          April 4, 2025 at 8:49 am
          You are not legally liable for your father’s debt. You will not have any legal action. Your father can face proceedings for recovery of the debt. He may be proceeded against in criminal court under NI Act for bounced cheques or EMI auto debit instructions if any. There are other criminal-law provisions that I will not get into because they are usually not invoked and I can’t state anything definitively.

        • #21283 Reply
          Alphadivya8348
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            A
            Alphadivya8348
            PARTICIPANT
            April 4, 2025 at 8:52 am
            Did you get any ancestral inherited property? then you are liable to repay the amount equal to the value of inherited property

            • #21285 Reply
              Ranjanstar700
              Participant
                R
                Ranjanstar700
                PARTICIPANT
                April 4, 2025 at 10:27 am
                No, that is wrong. Even if there is truly any ancestral property—which has been in the family without partition for four or more generations without partition—OP will not be liable for anything. The property may become affected to the extent of his father’s prospective share in it and no more.

            • #21282 Reply
              Braveseeker242
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                B
                Braveseeker242
                PARTICIPANT
                April 4, 2025 at 8:57 am
                I am no lawyer.

                You are not liable to pay unsecured loans legally.
                Unsecured loans means loan taken without collateral. Like loan apps.

                If you have given land papers or gold as collateral, you are liable to pay back loans.

                I were you, I would sell land and move across state considering you come from lower middle class family and no assets.

                Basically start new life. Get new sim, change Aadhar card address using registered agreement to new address

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