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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
R.NATARAJ, RAJESH RAI K.
Asha B.Kulkarni – Appellant
Versus
Prakash, S/o. Narayan Nadakarni – Respondent
| Table of Content |
|---|
| 1. overview of the case and claims (Para 1 , 2 , 3) |
| 2. legal heirs of deceased defendant are liable for debts. (Para 4) |
| 3. defendant's counterarguments on liability and the nature of business (Para 5 , 10 , 11) |
| 4. trial court's issues and evidentiary procedure (Para 6 , 7 , 8) |
| 5. illustration of court's observations on liability and legal heir obligations (Para 9 , 13 , 17) |
| 6. court's observations on legal heirs' liabilities. (Para 12 , 19) |
| 7. liability of legal heirs limited to inherited properties (Para 16 , 18 , 20) |
| 8. final judgment on appeal and recovery order (Para 21) |
JUDGMENT :
(R. NATARAJ, J.)
This regular first appeal is filed by one of the legal heirs of the deceased defendant challenging the judgment and decree dated 17.09.2018 passed by the III Additional Senior Civil Judge, Belagavi (hereinafter referred to as the ‘trial Court’ for short) in O.S.No.49/2014, by which the suit was decreed and the legal representatives of deceased defendant were held jointly and severally liable to pay a sum of Rs.33,40,000/- to the plaintiffs along with interest at the rate of 12.5% per annum from the date of suit till realization.
2. The parties shall henceforth be referred to as
Legal representatives of a deceased debtor are liable for debts only to the extent of property inherited from the deceased, reinforcing the surety's right to indemnification under the Indian Contract....
Legal heirs of a deceased surety can recover amounts paid to discharge surety obligations under Sections 140 and 141 of the Indian Contract Act.
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The legal representatives of a deceased person are liable only to the extent of the property of the deceased that has come into their hands. The liability of a surety is co-extensive with that of the....
The proceedings initiated against the original borrower for enforcement of security interest stand concluded by virtue of intimation served upon them, and the death of the original borrower occurring....
A will must be executed and attested as per legal requirements to be valid, and a nominee under the Life Insurance Act does not have absolute rights over the benefits but holds them in trust for the ....
No recovery of excess pension can be made from legal heirs of a deceased employee in the absence of statutory provisions, affirming the constitutional right to pension under Article 300A.
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