The nature of the liability of the heirs to pay the debts is not a joint liability. Each heir is to pay the debts proportional to the estate that he gets. The heirs of a Muslim dying intestate on whom falls the liability to discharge the debt, proportionate to their respective shares in the estate devolved, can hardly be classified as joint contractors, partners, executors or mortgagees.
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They are by themselves independent debtors, the debt having been split by operation of law. Inter se they have no jural relationship as co-debtors or joint debtors so as to fall within the shadow of contractors, partners, executors or mortgagees or in a class akin to them.
ADVERTISEMENTS:
They succeed to the estate as tenants-in-common in specific shares. Therefore, the acknowledgement of the debts by only one heir can be confined to himself and cannot be extended to the other co-heirs for they are independent debtors, and not as an agent, express or implied, on behalf of other co-heirs could not be said to be a payment on behalf of all so as to extend period of limitation as against all.
The fact that the heir acknowledging the debt by making payment was in possession of entire estate and had not parted with it by means of partition to the other co-heirs, would not make him liable for entire debt.