A property was offered as security by a surety for a loan by another borrower for a part of the total term loan from a State Financial Corporation. The surety had filed an RFA for declaratory relief under Contract Act Sec 133, 134,135,139,141 which is in the hearing stage when he passed away. There is a stay order till disposal of the RFA.
1.What happens on the death of the surety without a will when the loan is in default?
2. What actions should the secured creditor now take after the death of the surety and succession of the property by the legal heirs of the Late surety?
3. What actions should the Legal Heirs of the surety take to secure the estate/ secure their interest?
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