Community › Forums › Legal Advice India › My father died almost a month back and left a loan worth 15L from bajaj finserv and some emi on rbl credit card. Need advice regarding same.
- This topic has 31 replies, 24 voices, and was last updated 1 year, 2 months ago by
Primeshikha3305.
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SSuperhero8613
PARTICIPANT
April 3, 2025 at 9:45 amFor context- My father died last month all of a sudden. He took on an unsecured loan from bajaj finserv under their professional flexi loan category in nov 2024 for business purposes. He used to say that we don’t need to pay anything in case anything happens to him because of insurance cover that takes care of loan. However after using sources we found out no such cover exists and 15 Lakhs is a very big amount for us. The interest payable is around 17k a month on same, which we as a family can’t afford. These are harassing us to the extent of visiting our home too.
For rbl, there were 2-3 emis’ of 16-17k each left to paid for his treatments. While payment for the one has been made after death, the other one is due tomorrow. I tried contacting their customer care and haven’t got any information as such.We are 3 people left now (including me) and none of us are working at the moment. I also need to get my education loan sanctioned in a month’s time for my masters and I don’t know what to do.
Kindly suggest me how do I take care of above mentioned issues so that I don’t encounter difficulties in future, especially at the time of loan sanctioning.
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PPrimeshikha3305
PARTICIPANT
April 3, 2025 at 10:02 amContact me I will help you settle down loans-
SSuperhero8613
OP
April 3, 2025 at 10:02 amtell it here-
PPrimeshikha3305
PARTICIPANT
April 3, 2025 at 10:07 amFirst check if your father has taken insurance for loan-
SSuperhero8613
OP
April 3, 2025 at 10:10 amI already mentioned we couldn’t find any.-
PPrimeshikha3305
PARTICIPANT
April 3, 2025 at 10:16 amCheck sanction letter if you won’t find any insurance details, you can contact the nodal officer of bajaj and banks, draft a letter about your father’s sudden death and attach death certificate and ask for insurance details if they said loan have no insurance coverage then again write a mail and ask for settlement the will give you settlement which will be around 30% of actual loan amount and also ask them to stop harassment and home visit, you can also hire an advocate to do so and if you want I can also help because I work in a company which provides settlement and help people with constant harassment and home visits
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JJignesheagle772
PARTICIPANT
April 3, 2025 at 11:02 amDon’t listen to the above fellow
Ur not liable for ur father’s loans, simple
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KKrishnalion405
PARTICIPANT
April 3, 2025 at 10:16 amNAL from the posts like these I have read I don’t think you or your family are liable to pay for any loan taken by your father if it was a loan under his name only.
Secondly how will you and your family survive now if there is no earning member? Also more power to you OP I hope you cover this difficult road. -
BBrightbro7659
PARTICIPANT
April 3, 2025 at 10:16 amNAL. Legal heirs are not responsible for the loans. Since the loan is also unsecured, they cannot stake a claim to the estate of the deceased person either. You don’t have to repay those loans. -
KKanaklion217
PARTICIPANT
April 3, 2025 at 10:19 am1) Don’t contact any Settlement Guru’s
2) For Godsake don’t share your number with Debt collectors
3) If debt visit your doorstep show them the death certificate of your father and make a video recording of the conversation.
4) Please don’t entertain any Settlement Guru’s.-
VVedpanda694
PARTICIPANT
April 4, 2025 at 2:46 amWho are settlement gurus? Is that an actual job role-
KKanaklion217
PARTICIPANT
April 4, 2025 at 3:01 amYes they forward an email on behalf of you to negotiate the settlement for unsecured loans. But it only works if you are dick to the banks and they make you look like a dick by not answering the phone, reverse harras the contract debt collector.After 6+ months of constant harassment from contract debt collectors bank comes to your door step for settlement anyway but Settlement Guru takes the credit and charges you 50-100% commission of settlement amount.
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SSilentnamit9311
PARTICIPANT
April 3, 2025 at 10:28 amNAL
my friend was recently in a similar situation was harassed by NBFC for unpaid loan that his father had taken, fortunately, his father did not have any assets in his name, engaged a lawyer and got the loan closed. If your father has any assets, and if you inherit them, you are liable to pay off any debt. I suggest you to reach out a lawyer and get the issue sorted out.-
CCalmkaur4333
PARTICIPANT
April 3, 2025 at 3:09 pmI think no need for a lawyer. It’s simple, if the deceased had assets that got passed down then it needs to be paid from them. If no assets then tell the agents to piss off or you’ll file an RBI ombudsman complaint. If they still persist then file an RBI ombudsman complaint and you can even ask for compensation for mental anguish. Regardless of the circumstances, nobody can harass you for anything by law.-
AArunking995
PARTICIPANT
April 23, 2025 at 2:13 pmIf the deceased has a term plan and his legal heir received the same. Does the amount constitute as ” deceased estate” ?
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HHappyshark11
PARTICIPANT
April 3, 2025 at 12:50 pmA loan is a personal obligation, and the liability to repay it does not automatically transfer to the legal heirs upon the borrower’s death. If a family member is not a co-borrower or guarantor, they are not personally liable for the loan. However, the Finance Company can initiate recovery proceedings against the estate of the deceased borrower to recover the outstanding amount.If you inherit the estate, you may be required to defend such proceedings. While you will not be personally liable, any inherited assets may be at risk, as the repayment liability can be met from the inherited estate.
Also, since this is an unsecured loan, the NBFC cannot take possession of any property without first obtaining a court decree, which may be a lengthy process.
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CCalmsimran6206
PARTICIPANT
April 3, 2025 at 12:55 pmSad condolences OP. Nov was when my father passed away too.
Came across the same situation. Been through the same road as you’re.These are the things that happened.
Dad took a loan for his business in Feb from the same Bajaj Finserv. Unstructured loan. Check if the loan has insurance on it. If yes, it can be used to close the loan with whatever it’s been. For my dad, bloody bajaj had some insurance for accident cover only, which made the insurance pointless. What made me fuming is that, the sum insured was very small for the loan amount taken.
Had 2 credit cards as well. All my friends and close acquaintances informed me to not respond to the collection guys and the bank as well.
Finally upon consulting a lawyer, We gave them the death certificate and they didn’t bother us. Though they did pay a visit to the house a number of times (We were clueless at that point as the credit card dues were too high for us to pay and didn’t have a legal support). After the advice given by my lawyer, we gave the death certificate with confidence and didn’t budge to their demand of payment for the min. Amount dues.For the business loan, the loan was taken in the name of my dad’s company( a proprietorship company). Not on my dad’s name. And because of the death obligations we had to go back to my native and meanwhile, the company’s bank account was continuing to get some transactions from the customers.
And the due date for the emi crossed (auto debit was turned on) and money got debited to the loan. Because of this, even the lawyer suggested that we pay some amount as the first month emi post my dad’s death had gone through to Bajaj and get the NOC. Fast forward 1 month, Ended up paying 1/6th of the loan amount in the presence of court and got the NOC. Took 2 months to get the NOC from them.
Mind you, for heaven’s sake, pay the amount to bajaj in the presence of court and not at their offices! These guys cunning than a wolf and sickest of the sick. First you pay some and they would demand you pay the remaining after a couple of months saying that the upper management didn’t give approval for the outstanding amount. This was informed to us by a person who had gone through the same situation where he paid 1/3 and yet they demanded the remaining. Even in my first sitting with my lawyer, he said the same.
Remember block the company’s bank account as the first priority if it’s a proprietorship company!! It saves so much of mental trouble.
Fast forward 5 months, credit card companies have not given me the NOC yet. They claim only if you’ve paid the entire outstanding they can give me noc. But they haven’t bothered me yet, but did confirm that my dad’s credit cards are marked as closed in the system. Just for precaution I mentioned this to my Lawyer. He said he’ll help us if they ever get back to us for collection or dues.
Hope this helps.. don’t worry OP. These are all unsecured loans, you have no obligation to pay them.
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PPrimenutan3588
PARTICIPANT
April 4, 2025 at 7:15 pmYes, noc is given only when 100% of outstanding is cleared
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AAlphaesha7213
PARTICIPANT
April 3, 2025 at 3:12 pmOne of my close relative expired in the similar scenario with multiple loans and credit cards.We haven’t paid a single rupee to them and shared the related documents whenever they asked. Use your father’s number and do not share ur number with any of them.
Loan and cc are personal without any collateral unless you made a signature while taking a loan, u or ur family is not responsible.
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RRadhikaowl626
PARTICIPANT
April 4, 2025 at 4:07 amThis is the right answer. Same experience. I can confirm.
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EExpertlion7797
PARTICIPANT
April 3, 2025 at 3:17 pmThis is important.Unless someone consigned on the loan documents, an unsecured loan / CC bill is not a liability.
Dont pay. Give a copy of the death certificate to Finserv and RBL staff. Don’t entertain any further.
There is nothing they can do but harass you and you have to stay firm. No.
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DDesibro1949
PARTICIPANT
April 4, 2025 at 1:49 amIf the loan and the credit cards are in his name with no nominees or guarantor then you have nothing to worry..Just tell the bank that he has passed away with proof (death certificate) and okay dumb when they ask you to pay up. -
HHappystar6849
PARTICIPANT
April 4, 2025 at 1:58 amBajaj always takes insurance for flexi loan. It is not possible to get the loan without any insurance.Chech his mail and u will get insurance policy documents.
Also I work with a DSA, if u can share loan details, I can try and find if any insurance was there. ( No guarantee but I can try)
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HHappyrider9896
PARTICIPANT
April 4, 2025 at 8:36 amI feel for you OP. God bless you and your family yaar. -
IIndianfalcon6333
PARTICIPANT
April 4, 2025 at 4:02 pmLawyer here. As the legal heir, you are liable to settle the outstanding dues of the deceased, but only to the extent of the property you have inherited. If you inherited assets worth more than ₹15 lakhs from your father, you are required to repay the full loan amount. However, if the inherited value is less, your liability is limited to that amount alone. -
IIndianfalcon6333
PARTICIPANT
April 4, 2025 at 4:07 pmLawyer here. As the legal heir, you are liable to settle the outstanding dues of the deceased, but only up to the value of the property you’ve inherited. If you’ve inherited more than ₹15 lakhs from your father, you’ll be responsible for repaying the entire loan. If the inherited amount is less, your liability is limited to that amount. The most practical option would be to negotiate a settlement with the company for example, offer to settle the loan for ₹5 lakhs. While this may affect your future loan eligibility, it’s a manageable consequence under the circumstances -
IIndianfalcon6333
PARTICIPANT
April 4, 2025 at 4:09 pmLawyer here. As the legal heir, you are liable to settle the outstanding dues of the deceased, but only up to the value of the property you’ve inherited. If you’ve inherited more than ₹15 lakhs from your father, you’ll be responsible for repaying the entire loan. If the inherited amount is less, your liability is limited to that amount. The most practical option would be to negotiate a settlement with the company, for example, offer to settle the loan for ₹5 lakhs. While this may affect your future loan eligibility, it’s a manageable consequence under the circumstances -
IIndianfalcon6333
PARTICIPANT
April 4, 2025 at 4:09 pmLawyer here. As the legal heir, you are liable to settle the outstanding dues of the deceased, but only up to the value of the property you’ve inherited. If you’ve inherited more than ₹15 lakhs from your father, you’ll be responsible for repaying the entire loan. If the inherited amount is less, your liability is limited to that amount. The most practical option would be to negotiate a settlement with the company, for example, offer to settle the loan for ₹5 lakhs. While this may affect your future loan eligibility, it’s a manageable consequence under the circumstances-
MMukeshpanda422
PARTICIPANT
April 5, 2025 at 9:21 amI’m surprised how real comments get buried but all lies and reassuring ones are up there.
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MMonaknight497
PARTICIPANT
April 5, 2025 at 2:39 amLegally you are not bound to pay a single penn for an unsecured loan. Believe me, it happens to me also.. They will keep calling you but you don’t need to pay anything. If they are harassing you Daily, hire a professional lawyer. I know you are about to study but you need to grow up now. Be tough and face the world boldly. No option left.. -
FFiercerider2494
PARTICIPANT
April 5, 2025 at 6:16 amThere’s an insurance cover. Please check your dad’s email for the loan documents. The bajaj guys will be lying to you. -
BBrightsarita124
PARTICIPANT
April 6, 2025 at 8:02 amLegally you are not liable to pay a single rupee.
But all the banks use such illegal tactics to snatch the maximum possible from the deceased’s family.
Deny them clearly, and ask them to go legal, We will do what the court will order.
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