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arihant mangale   20 October 2022

financial liability

If the head of a family takes a loan from a small cooperative bank without informing is family along with his 2 friends who were guarantees to his loan, he passed away within one year of the loan taken. Now the bank wants to make his legal hires pay the loan amount with interest and does not want the guarantees to pay anything.
Where as while giving the loan no property or gold or any valuable assest was kept as collateral.
The person who got the loan was a retired senior citizen, with very less pension.
He had no property as such an individual on his name.
While the loan was given to him, his age was 70 he was suffering from diabetes, high blood pressure, and pancreatic cancer.

My query is:- Is it correct/legal for the bank to ask the legal hires pay the loan amount with interest?


Quick Summary
This discussion explores whether a bank can legally claim a deceased borrower's loan amount, including interest, from their legal heirs. The borrower, a retired senior citizen with existing health conditions, took a loan from a cooperative bank without informing his family, with two friends acting as guarantors. No collateral was provided. The consensus is that legal heirs are indeed responsible for the deceased's liabilities, including loans, and the bank can pursue them for repayment. The guarantors are typically expected to cover the debt if the primary borrower's estate is insufficient.

 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     20 October 2022

Yes. The legal heirs are responsible not only for assets but liabilities also.

sanjay upadhayay   20 October 2022

its the gurentors First to repay the loan from their assets

Advocate Bhartesh goyal (advocate)     20 October 2022

Yes, bank's action is right and can legally recover the loan amount with interest from legal heirs of deceased borrower.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 October 2022

Legal heirs responsible for loan clearances in banks etc. A Legal heir certificate could be required for subsequent purposes: For transfer of properties and assets of the demised to his successors. To claim the life insurance policy of the deceased.


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