What to do if signatures have been forged after death
22-Jun-2023 (In Criminal Law)
My Father had given a Collateral Security to an Over Draft of a Society in 2003. He never went to bank to sign anything later on. However, we found the Debtor was submitting the Letter of Guarantee(s) duly signed every year. My father died in 2014 and the OD was maintained even after my fathers death and a Letter of Guarantee was submitted even after his death. Now, another Loan of the Debtor in the same bank gone NPA. Now, a Notice was served a U/S 13(2) SARFAESI in the name of my Deceased Father, for the total liability of the said Loan referring to the Guarantor Letter dt. 3/7/2014. However, my father died on 12/06/2014. How should I proceed in this..
Hi
Letter of guarantee submitted after your father's death is void.
However in general banks follow a guarantee clause that continues even after the person's death. It is called continuing guarantee.
However in your case, since it appears that your father did not renew the guarantee once every 3 years, and also that the notice is dated after the demise of your father, you might have a chance to contest the notice.
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