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Uncle took loan are his legal heir liable to pay back the loan


07-Jul-2023 (In Recovery Law)
my uncle was a central govt emplyee he had taken a personal loan from a govt bank and gurunter was his organisation in which he worked.now he was died .and bank has filled a case against his family to payback his personal loan .what should they do
Answers (2)

Answer #1
657 votes
Every debt/loan is a liability against the estate of the deceased person. Bank can file the suit for recovery either against the persons upon whom the property of the deceased has devolved or against the guaranter or against both. If Bank has initiated the recovery proceeding the family members need to defend the case or if they tink fit & proper they can pay back the loan amount. Detailed advice can be tendered only after perusal of records.
Answer #2
765 votes
The bank has right to recover his Loan till the share of legal hire in the inherited property, not otherwise.
However, as per direction of Hon'ble Supreme Court, bank can not harassed or pressurized any legal hire to recover his loan.

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