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Aftab4u (PVT EMPLOYEE)     18 May 2012

Time limit to file the case !

Dear Experts,

 

My friends father who was a govt servant who expired in the year -May-2009 , he taken the personal loans in some private banks from 2009 to till date i.e 2012 the bank officials had not filed any case regarding the recovery of  the money not they have issued any legal document to legal heirs regarding the personal loans of the deceased employee.

 

as the time frame of 3years is over can still the Bank can file a suit of recovery from legal heirs / Guarantors are they eligible to pay the personal loan amount to the Bank. 

 

Thanks in advance

AFTAB



Learning

 4 Replies

Adv B.B.Gambhir #9814820602 (advocate)     18 May 2012

brother the limitation for filing of suit not starts from the day when the loan was taken infact the limitation would start when firstly you refused to make the payment of loan. so the limitation still presists.


 

Aftab4u (PVT EMPLOYEE)     18 May 2012

Thanks Bro,

 

For your prompt reply, as the person taken loan expired 3years back and the bank neither approached the legelheirs / guarantors and the family members not aware till the demise of the person that he has taken personal loan in that context how legal heirs or responsible and the Bank approached the concerned dept where the deceased used to work they refused to pay coz there was not sufficient amount to pay to banks as earlier some debts were there they have cleared those debts and the prsent there is 0 balance in his bank account also and the deceased not left any properys also.

 

Pls advice sir,

 

 

RAKESH PIPRODIA (ADVOCATE)     20 May 2012

Your case is well beneath the limitation period. Bank can file a case against the legal heirs within 3 years from the last emi paid. Adv Gambhir comments are also perfect and true. In your case the legal heirs has to pay the balanace of payment. Whether you mainatain the balance n your account or not is not mandatory.

Aftab4u (PVT EMPLOYEE)     20 May 2012

Dear Rakesh Ji,

 

Thanks for ur info, but still some confustion last EMI paid in the month of May-2009 after that no EMI paid and no property left by the deceased in that situation what the Banks can do.

 

AFTAB


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