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2021 Supreme(UK) 338
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Jawahar Singh & Anr. - Appellants
Versus
District Magistrate, District Udham Singh Nagar & Ors. - Respondents
Writ Petition (M/S) No. 2224 of 2021
Decided On : 25-10-2021
Pradeep Chamiyal, Advocate, Mamta Bisht, Advocate, Ajay Singh Bisht, Advocate
Liability for loan repayment may be inherited even if no property is inherited.
Headnote:
Recovery Certificate - Inheritance of Liability - The court found the writ petition premature as the recovery citation had not been issued by the Tehsildar. The petitioners claimed they had not inherited any part of their father's property but were held liable for the loan. The court disposed of the petition, allowing the petitioners to approach the Branch Manager with a representation.
Fact of the Case:
The petitioners challenged the recovery certificate issued by the Bank of India, claiming they had not inherited any part of their father's property but were held liable for the loan.
Finding of the Court:
The court found the writ petition premature due to the absence of a recovery citation by the Tehsildar. The petitioners were allowed to approach the Branch Manager with a representation.
Issues: Prematurity of the writ petition and the liability of the petitioners for the loan taken by their father.
Ratio Decidendi: The court's decision was influenced by the absence of a recovery citation and the petitioners' claim of not inheriting any part of their father's property but being held liable for the loan.
Final Decision: The writ petition was disposed of, allowing the petitioners to approach the Branch Manager with a representation.
JUDGMENT
Manoj Kumar Tiwari, J. - By means of this writ petition, petitioners have challenged the recovery certificate issued by Bank of India, Branch Sitarganj, District Udham Singh Nagar.
2. Since recovery citation has not been issued by the Tehsildar, pursuant to the said recovery certificate, therefore, the writ petition is premature.
3. Learned counsel for the petitioners then submits that petitioners have not inherited any part of property of their father, however, the liability of re-payment of loan taken by their father has been fastened upon them. He further submits that petitioners are desirous of approaching the Branch Manager concerned, by making a representation, highlighting the aforesaid aspect of the matter, and the Branch Manager be directed to consider petitioners’ representation.
4. Accordingly, the writ petition is disposed of with liberty to petitioners to approach the Branch Manager concerned, by making a representation. If such representation is made, the Branch Manager shall consider the same, after hearing all the stakeholders, including other brothers of the petitioners.
