sarfaesi notice to legal heirs.

Querist : Anonymous (Querist) 07 September 2010 This query is : Resolved
1. Can a sarfaesi 13(2) notice addressed as " Legal Heirs/successors of late Mr.X" and sent to the borrower's address be construed as a valid notice u/s. 13(2) of SARFAESI ACT, if the same has been received by the legal heirs and is duly acknowledged OR should we address such notice by finding the name of the Legal heirs?

2. In Sarfaesi act, the defnition of the term "borrower" does not contain the legal heirship/succession if the borrower is deceased. Whether it will bar Bank's from issuing notices u/s 13(2)to legal heirs, since 13(20 notice is to be served on borowers only.?

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Devajyoti Barman (Expert) 07 September 2010
1. Yes, receipt of the notice by the addressee's agent or relative is very much a valid service.
2. If the legal heirs are in possession of the security(property)or they are now the owner of that property then the notice would be sent to them.

Babu Narayanan (Expert) 13 September 2010
In case of a deceased mortgagor Notice under S 13 (20 should be addressed to the legal heirs of the deceased

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