What if a Guarantor dies?
4 years ago
My uncle stood as a guarantor for a bank loan in a nationalised bank. Borrowers escaped and declared as exparties. Loan became NPA and Guarantor only contesting the case now. The case was proceeding since 10 years. Now the guarantor health is not good he may die at any time. In this situation what will happen in the case? Can guarantor son/daughter have rights to contest and continue the case? If yes then what is the procedure to do? Note: Merits are there in guarantor side. Bank done the fraud in this case.
Shivangini Gupta
Responded 4 years ago
A.Hi
Yes after the death of the guaranter an Application for substitution of legal heirs have to be filed to bring on record the legal heirs of the guaranter and therefater they can contest the same. If the bank has done fraud you should file a Criminal Complaint against it immediately.
Thanks
Yes after the death of the guaranter an Application for substitution of legal heirs have to be filed to bring on record the legal heirs of the guaranter and therefater they can contest the same. If the bank has done fraud you should file a Criminal Complaint against it immediately.
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Shreyash Mohta
Responded 4 years ago
A.I agree with the advise given by Kishan Sir.
Please proceed accordingly.
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Please proceed accordingly.
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A.Dear Sir,
You immediately approach the bankers and get file an application seeking withdrawal of guaranty-ship. If no action is taken then approach High Court and get appropriate order and to see that the properties of guarantor are not attached.
Thanks.
You immediately approach the bankers and get file an application seeking withdrawal of guaranty-ship. If no action is taken then approach High Court and get appropriate order and to see that the properties of guarantor are not attached.
Thanks.
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