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Anonymous
in Family Law Contracts Law
Asked June 03, 2017

Settlement of debt of deceased ancestor

  • 2 Answers
  • 526 Views

Our maternal grand father had borrowed RS.85,000 from a rice shop owner near our house with the agreement of monthly payment in installments with interst.He gave all that money to someothers.But after 2 months he died.That shop owner send us a legal notice today for the repayment of debt.He has sent that notice on my mother's name.Infact my grand father hadn't maintained good relations with us when he was alive and he hadn't gave us a single rupee from his borrowed amount.despite that shop owner has send that notice to my mom.what we have to do now.Please explain.

Answers 2

In this case you don't need to worry as the legal notice sent by the shop owner will not hold good. Now, as per the Hindu Succession Act they will be considered under Class-II legal hier and therefore the liability can be claimed form the Class-II legal hier. Secondly the liability will go to Class- I hiers as below :-

  • Son/Daughter
  • Widow
  • Mother
  • Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
  • Son/Daughter of a pre-deceased Daughter
  • Widow of a pre-deceased son
  • Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
  • Widow of a pre-deceased son of a predeceased son

 I would here advise you not to take any action before issuance of notice from the court.

Regards,

Jayant Garg 

Agree Comment 0 Agrees almost 4 years ago

Appointment in PSB

a) The prescribed proforma may be used by the bank for ascertaining necessary information and processing the cases of compassionate appointment. b) The Officer from the Staff Welfare Department of the Bank should meet the members of the family of the employee in question immediately after his death to advise and assist to them in getting appointment on compassionate ground.  The applicant should be called in person at the very first stage and advised in person about the requirements and formalities to be completed by him/her. c)  An application for appointment on compassionate ground should be considered by the Committee of officers consisting of three officers; one Chairman and two members in the rank of Deputy General Manager/Assistant General Managers.  The Officer from the staff welfare department may also be made one of the members of the Committee, depending upon his rank.  The Committee may meet during the second week of every month to consider cases received during the previous month.  The applicant may also be granted personal hearing by the committee, if necessary, for better appreciation of facts of the case.  The recommendation of the committee should be placed before the Competent Authority for a decision.  If the Competent Authority disagrees with the committee’s recommendation, the case may be referred to the higher authority for a decision.

 

Calculation the liabilities of earning member of family and deceased employee

In deserving cases, even when there is already an earning member in the family, a dependent family member may be considered for compassionate appointment with the prior approval of the competent authority of the bank who, before approving such appointment, will satisfy himself that grant of compassionate appointment is justified, having regard to the number of dependents, assets and liabilities left by the employee, income of the earning member  as also his liabilities including the fact that the earning member is residing with the family of the employee and whether he should not be a source of support to other members of the family.  

This reason to refuse the appointment of deceased employee family member on compassionate ground

In cases where any member of the family of the deceased or medically retired employee is already in employment and is not supporting the other members of the family of the deceased employee, extreme caution has to be observed in ascertaining the economic distress of the members of the family of the deceased employee so that, the facility of appointment on compassionate ground is not circumvented and misused by putting forward the ground that the member of the family already employed is not supporting the family.

Agree Comment 0 Agrees almost 4 years ago

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