Son liable to repay father’s debt if guarantee given: K’taka HC

Team Udayavani, Jan 18, 2023, 11:11 AM IST

Bengaluru: The Karnataka High Court in its recent judgement directed a man to repay the loan availed by his father while observing that being a ‘legal representative’ of his father the son is liable to repay the loan as per the Negotiable Instruments Act.

The petitioner Prasad Raikar of Davanagere had approached the High Court after cheques issued by the accused for repayment of his father’s loan were dishonoured.

The accused BT Dinesh argued that the loan taken by his father, who passed away later, is not legally enforceable on him.

Noting that Dinesh had issued cheques to the petitioner for loan repayment, a single-judge bench Justice K Natarajan ruled that being a legal representative of his father a son is liable to repay the loan. The court upheld a trial court verdict which held the accused guilty of the dishonour of the cheque.