Community › Forums › Legal Advice India › My dad passed away last month leaving behind 2 credit card bills. Is my family liable to pay?
- This topic has 54 replies, 51 voices, and was last updated 1 year, 3 months ago by
Bravesampada1622.
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PProfox5032
PARTICIPANT
March 24, 2025 at 11:07 amSo my dad passed away a month ago and he left behind two credit card bills one was a SBI card which has an outstanding amount of 28,000 rupees other is a HDFC card which has an outstanding amount of 9,000 rupees. I talked with sbi customer care and they very rudely told me that you’ll have to pay there is no other option and if you don’t the amount will keep on increasing. Same with hdfc they told me we cannot waiver it off you’ll have to pay. My dad was the sole earner in the family and we cannot manage to pay the credit card bills as we are already struggling with other bills. We received calls from sbi and my mom picked up and told them that my dad has passed away and they just said “okay” and cut the call. Even though they are not pressuring us to pay right now but maybe in the future they will so if i can get any advice on how we can avoid paying or settle it at a lesser amount, that would be appreciated. -
BBrightwolf7241
PARTICIPANT
March 24, 2025 at 12:06 pmDon’t give them a single Paisa. If they call you, tell them that you will file a complaint with the banking ombudsman for harassment. -
CCalmlion1842
PARTICIPANT
March 24, 2025 at 12:25 pmNo. Collection agents will force you to pay. Just give them the death certificate. They can do nothing. -
EExpertninja3315
PARTICIPANT
March 24, 2025 at 12:35 pmNope you need not pay any credit card bill as the credit cards are issued without any security.
It only affects your father’s credit score as it is a personal credit card.
No issues buddy if any limit present in the card you use that limit also if card is still active -
EEshaanthinker218
PARTICIPANT
March 24, 2025 at 12:36 pmSorry about your loss. Show them the death certificate when they come home to recover. -
UUser_26ec9428
PARTICIPANT
March 24, 2025 at 12:45 pmBefore proceeding, make sure to carefully read the terms and conditions associated with the credit agreement. Within these terms, you may discover a specific threshold or limit that exempts you from certain payment obligations. It’s essential to understand these details to ensure you are fully aware of your financial responsibilities. -
AAnkushthinker217
PARTICIPANT
March 24, 2025 at 12:49 pmNo. You don’t have to. Just a few months of calls and some letters and emails they will send … All low cost things …They won’t engage in anything which costs them serious money
Just to explain the legal stand point
His loans are suppose to be paid from his inheritance, but recovering that is too much effort for 28000.. so they won’t actually do it
also credit card debt is unsecured , they can only spoil his cibil score nothing else
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IIndiandivyansh8235
PARTICIPANT
March 24, 2025 at 1:05 pmI have heard that if you inherit his properties then you will also be inheriting the debts as well. -
BBrightdude2761
PARTICIPANT
March 24, 2025 at 1:12 pmThey can’t force the family to pay. At the most, they can file a civil suit for recovery from the estate of your father or if your father had any other accounts with them, debit those accounts.Some people have also raised question about insurance. Normally, majority of the cards have only accident insurance only and that too air accidents. Other accidents may not be covered and natural deaths may certainly not be covered. Go to the bank web site(s) and download the card feature. Check there. If life insurance is given with the card, then the outstanding would be recovered from the insurance and rest insurance would be paid to you. You would have have to dig up the nominee information to claim that & supply supporting documents, if applicable.
Don’t unnecessarily keep on emailing or calling the banks about the outstanding. They have to send either a registered letter or an email (on your father’s email id) before taking any action. If any recovery agent calls you or threatens you, record the call and report to police.
Hope it helps.
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PPritiknight627
PARTICIPANT
March 24, 2025 at 1:22 pmPlease exhaust the credit card you’re not liable to pay anything fvck these CC companies. My friend’s father passed away last year he had a car loan for swift on his name, 3 years of instalments are still pending my friend hasn’t paid a single penny yet and is not planning on giving in the future as well. -
CCalmanita6997
PARTICIPANT
March 24, 2025 at 1:24 pmCredit card dues and personal loans are non-collateral and unsecure debts, you can make police complaints against the banks and recovery agents if they’re troubling you.Please read and understand T&Cs before taking any steps ahead.
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LLuckyvarun6344
PARTICIPANT
March 24, 2025 at 1:42 pmMail to them with a copy of death certificate and tell them that you cannot afford to pay the bill and that you are ready to offer a one time settlement ( OTS) of upto “X” amount ( whatever you are comfortable with) they will negotiate tell them that it is a mental harassment from banks side and that you want to settle asap else you will write to ombudsman. -
BBravefalcon3011
PARTICIPANT
March 24, 2025 at 2:03 pmNAL but worked for banks. They will pressurise you and maybe even send someone for a visit but you don’t need to pay. The amount is also small so wouldn’t put too much effort in collections apart from the hard calls and visits which you got a glimpse already. Don’t budge, they will let it go eventually. Take care and wish you the best in these troubling times! -
AAdityashark465
PARTICIPANT
March 24, 2025 at 2:10 pmSBI simply save credit card has death insurance, it doesn’t give any insurance, but any outstanding debt would be written off. First check the type of credit card you have , then find the benifits the card if offering for card holder online w.r.t insurance. Then you may find the clause that supports your claim . -
LLakshlion642
PARTICIPANT
March 24, 2025 at 2:20 pmif the legal heirs inherit assets from the deceased estate, they are responsible for settling the debt to the extent of the value of the inherited assets. -
HHappydude257
PARTICIPANT
March 24, 2025 at 2:42 pmNo Man. It’s a unsecured loan. -
BBravesampada1622
PARTICIPANT
March 24, 2025 at 2:51 pmHe might have insurance linked to those cards , check it out.I know all Rupay cards have them.
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PProfox5032
OP
March 24, 2025 at 9:08 pmFrom what i enquired from the customer service of both the banks they said no such insurance is there on the card-
BBravesampada1622
PARTICIPANT
March 25, 2025 at 8:01 amCheck card tncs from their websites. Customer service does give wrong replies sometimes.
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PPronimesh3885
PARTICIPANT
March 24, 2025 at 3:17 pmA Credit Card is an Unsecured Loan extended by the bank to the borrower. Ideally you or other family members don’t have any direct liability towards the bank and hence are not obligated to pay it until anyone of you is a vo-signer ( meaning joint account)The collection team is just trying to extract whatever they can from you by pressuring you.
In India, the legal heirs are liable to repay the loan taken by the deceased borrower to the extent of Estate of the deceased borrower received by them.
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SSwiftvimal7183
PARTICIPANT
March 24, 2025 at 3:33 pmSo what if OP spends more on cc before closing the card? What will happen? -
NNupurhawk581
PARTICIPANT
March 24, 2025 at 4:18 pmIn theory if you claim the assets then you have to service the debt also. So you are liable to pay the debts of your father but I doubt that bank will take any action for such a small amount. -
SShikhafox130
PARTICIPANT
March 24, 2025 at 4:58 pmWrite to RBI ombudsman giving the complaint details and mention that the bank is harassing your family during a case of bereavement, and you need them to back off immediately. You’ll be surprised how quickly this matter closes -
PPrimelokesh4038
PARTICIPANT
March 24, 2025 at 5:00 pmLegally credit card debt cannot be passed on to the family members But some banks can have their recovery agents harass you.
Best is to meet the bank manager in the nearest branch and get it written off by submitting the death certificate. -
DDesibro1949
PARTICIPANT
March 24, 2025 at 5:02 pmNo -
RRavindrafox512
PARTICIPANT
March 24, 2025 at 5:21 pmBoys hold on in my village people just buy anything with credit card and never pay bank recovery agency keep coming try to harass but these people doesn’t care sometime they would just beat the shit out of recovery agent came to home for recovery.My area is now blacklisted….
So to answer your question you do not need to pay infact there should be a term policy on your father’s card which. You can claim
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EEpicjatin9192
PARTICIPANT
March 24, 2025 at 6:05 pmConsider this as a thought experiment – before his death (knowing he was about to die), your father purchases things for the family – say a car or furniture.Are you saying that the card company has no implied lien on those? In my mind, yes.
Instead, if the money was spent on liquour, gambling and even ‘good’ lifestyle expenses, then how can the bank expect anything from the estate?
So, as always, the answer is “it depends”.
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BBrighthawk7310
PARTICIPANT
March 24, 2025 at 6:42 pmfor 28000 and 9000 they wont do anything… they dont file cases also.. and you are not liable to pay ..be happy and dont care and dont attempt any calls.. dont give commit to recovery agents if they come… -
MMightynarayana7849
PARTICIPANT
March 24, 2025 at 7:19 pmHis estate is liable for his debts,
So probably if he had any property or any assets in his name, before passing it to the nominee that will be it’s debtor -
NNandinihero290
PARTICIPANT
March 24, 2025 at 9:03 pmMost of the credit cards have insurance build into it. Check the type of the credit card and insurance eligibility for it. -
BBravesagar5916
PARTICIPANT
March 25, 2025 at 4:04 amTry and negotiate for settlement. Since the amount involved is not huge, they will desist from filing a recovery suit. The court fees and advocate fees for them will be more than the amount of dues. Just wait for 3-4 months and then contact -
PPrimedude9636
PARTICIPANT
March 25, 2025 at 5:01 amCredit card or any loans for that matter are personal liability, and cannot be transferred to any family members, unless their is an asset in lien which the family would like to retain, in which case they will have to clear the dues.Credit cards are unsecured, so it’s your choice if you want to, you can, if you do not want to, not your problem.
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PPrimeshikha3305
PARTICIPANT
March 25, 2025 at 5:15 amAsk them for the settlement connect with nodal officers of banks and ask for settlement and if you receive any calls from recovery agent record the calls and if they come to visit you record their video ask for identity cards they will leave if they still don’t leave and harass you file a complaint on NCW portal and on ombudsman portal and tweet on X tagging relevant authorities, but they will give you settlement you have to only pay 30%-40% of the outstanding amount only -
RRanjanstar700
PARTICIPANT
March 25, 2025 at 6:56 amHave you inherited anything from your father? If you have not then you are not liable for his debt. Send them an email or letter explaining that your father is no more, you’re not liable for his debt, and want the bank officials to stop harassing you (or you will take legal action). Break contact with the banks at this point if you are not liable. If they harass you, file an online complaint with the banking ombudsman. It is unlikely they will proceed further, eventually losing interest given the small sums. They may institute arbitration on their own (think of it as a private court). But it will in all likelihood be invalid in law as they end up appointing arbitrators on their own. Besides they will in all likelihood arbitrate in your father’s name which will be invalid (any suit or proceeding after a person’s death must be brought against their heirs). -
SSilentyogita7141
PARTICIPANT
March 25, 2025 at 6:59 amYou have no liability, the estate has. If you are getting assets then creditors has to be paid. -
SSwetapanther869
PARTICIPANT
March 25, 2025 at 7:20 amTechnically(legally) you don’t need to pay a dime to them. However the issue is, these Companies sell their liabilities. Third parties might harass you. Technically these are “unsecured” with respect to credit cards. (I am a Lawyer, legally they can do jackshit to you). -
MMightybear961
PARTICIPANT
March 25, 2025 at 7:39 amYou are not liable but if your father left some asset to you or has money in account then before you getting it these liabilities will be deducted.In extreme cases if your father has land in his name and that land would be transferred to you before all that happens bank or debt collector will recover their losses or liabilities by selling the land and you will get the rest of money.
And this land sell will be below market price.
If this is your situation pay the bill get a closing or NOC its not worth loosing lakhs of rupees land for this small anount.
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LLuckypanda5091
PARTICIPANT
March 25, 2025 at 9:40 amIn most cases, credit card debt is not inherited by family members unless they are co-signers or guarantors. The bank can recover the amount from your dad’s estate, but if there are no assets left, they usually write it off. You can send a formal letter along with the death certificate to both banks, requesting a waiver or settlement. If they still insist, you can consult a legal advisor or consumer rights organization to understand your rights. -
PPrimefalcon577
PARTICIPANT
March 25, 2025 at 9:55 amDon’t even post about all this small amount on reddit .
If u can’t tc of this small amount for ur dad after he’s gone.. what kind of child u r..Btw
.if u can’t afford . Then..
Don’t pay . They can’t do anything to u… -
LLuckydude6163
PARTICIPANT
March 25, 2025 at 10:01 amNope -
UUser_d4f6e7a9
PARTICIPANT
March 25, 2025 at 3:16 pmJust pay the bill, you might lose some loan approval after 10 years talking from experience. -
PPriyaninja723
PARTICIPANT
March 26, 2025 at 3:11 amHow much property/bank balance did he left with you guys?Dude is here crying over less than 40k cc bill while getting inheritance much greater than that.
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SSilentsharmila6503
PARTICIPANT
March 26, 2025 at 3:11 amIts just 37k. Take some time make some money and pay it off rather keeping a debt on your fathers name. Nobody can do anything so in that sense you are free but still try to clear it at some point. -
SSurajowl716
PARTICIPANT
March 26, 2025 at 3:14 amThere are two angles to this.If you inherit your father’s assets, then you will inherit the liabilities too. That means you’ll be liable to pay the amount.
On the other hand, credit cards are unsecured loans. That means if you don’t pay, then banks can’t do shit to you. They can initiate a proceeding in court about taking the money from your father’s estate, which is basically the assets getting transferred to you. But they won’t do anything for 30k inr.
But they might transfer the case to a loan recovery agent. They will keep harassing you and your family. If you can deal with them, then don’t bother paying. They will eventually write it off.
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MMegabro9024
PARTICIPANT
March 26, 2025 at 4:21 amThey are not pressurising you coz you aren’t liable. Its not a secured credit. The credit card is on his name its not even going to affect your cibil or something like that. The banks can’t force you to pay shayad will try to recover it but let it go unpaid for few months then settle for a very basic small amount and let it go. My bro in law passed away and left behind cc and loan on my sis. Its not gonna harm you and they won’t do nothing about it -
WWiseunnati684
PARTICIPANT
March 26, 2025 at 6:01 amSomewhat i read hdfc card holders get some form of life insurance, I am just 10% sure, ask in the cc sub -
JJiyashark447
PARTICIPANT
March 26, 2025 at 10:10 amFrom what I’ve looked up you don’t directly need to pay it off but if there is something in dad’s name that you or someone is going to inherit then you are obliged to pay his debts (including credit card bills) from the inheritance. If the inheritance is valued at zero or doesn’t cover the debt then the bank cannot ask you to pay it, they will have to write it off
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Again this information is from me researching, this is not legal advice -
RRituninja697
PARTICIPANT
March 26, 2025 at 11:10 amThe legal heirs are liable to settle all liabilities of deceased with the assets inherited but not from personal assets of family members, but if you are not voluntarily settling up then they may send collection agents to your home, ask them that deceased has left no assets(just lie even if there is) in his name and ask them to file case in court, whi h they wont file because of cost involved and the amount is too low. Bank will writeoff the bill in a year.-
RRituninja697
PARTICIPANT
March 26, 2025 at 11:12 amadditionally you may threaten then that youll file a complaint with rbi obudsman, do so 30 days after writing to pno that collection agents are harasing your family though they have no financial inheritance from your dad.
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SSatyendrahero978
PARTICIPANT
March 26, 2025 at 11:41 amHi , credit cards are unsecured and has no co borrower or co guarantor or co signer atleast not in India . You or your family is not responsible even for paying a single dime . They will try to take money out of you and collection agents will say it’s blah blah , just slap them with death certificate of your father . I repeat DO NOT pay , not even a rupee .And those saying bank will sell assets , no they can’t , it has to go under SARFESI act and only loan above 20 lakh is counted in sarfesi act . They can not even take possession of assets without court notice , they have to file a case against person who took the loan when that person is deceased that case will not stand and petition will get rejected
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SSatyendrahero978
PARTICIPANT
March 26, 2025 at 11:45 amIn addition to previous comment , please ignore the comments which say you have to pay , I repeat you DO NOT HAVE TO PAYIn India, if a credit card holder passes away without paying their debt, the liability does not transfer to their family members or heirs, unless they were explicitly listed as co-applicants or guarantors for the credit card.
According to the RBI guidelines, banks cannot force family members or heirs to repay the debt, unless they have explicitly taken on the liability or have been declared as co-applicants or guarantors.
The credit card issuer will write off the debt as a bad loan, and it will not affect the credit score of the deceased person’s family members or heirs.
Family member are not legally obligated to repay the debt of deceased person
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CCleveruday7723
PARTICIPANT
March 26, 2025 at 1:56 pmSend them a copy of his death certificate and that’s all you should have to do. If they pressure you more ask them to send you proof that shows where you signed to be responsible for it.
I’m so sorry for your loss.💐 -
KKabirguy683
PARTICIPANT
March 26, 2025 at 6:30 pmThey cannot force you or go after your property. However they can try to recover from the estate of the deceased i.e. your father’s property. For this they’ll have to approach the courts and file a money/recovery suit.There is a legal doctrine called “pious obligation” which means the legal heir is morally bound to repay his/her father’s/mother’s debt. Again for this they’ll need to approach the courts and file a suit against you.
They might not approach the courts practically owing to the costs involved, doesn’t mean ideally they can’t or won’t.
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IIndianeagle5147
PARTICIPANT
March 27, 2025 at 4:31 amHey bro, I just saw your post, pay the dues and move on. They will send you a notice because you are the heir.Here is a post from credit card sub. Take a look, there is similarity to your post.
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AAlphapradeep763
PARTICIPANT
March 28, 2025 at 10:10 amU need to watch s/o sathyamurthy movie
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