Huf and its legal heirs
sandeep kumar
(Querist) 22 May 2016
This query is : Resolved
Dear members
If a HUF had given the guarantee in a loan by its Karta and created mortgage of HUF propetty and after creation of mortgage karta dies. Next karta is not known. Then if any notice has to be send to huf, to whom it be addressed. X and sons Huf mortgagaged property and x is dead now. New karta is not known. If creditor wishes to initiate sarfaesi, them whom 13(2) notice would be send.please advise also case law if any.
Thanks in advance
Regards
Stripathi
Dr J C Vashista
(Expert) 22 May 2016
It shall be addressed to HUF through Karta.
sandeep kumar
(Querist) 23 May 2016
Sir,the karta who mortgaged is dead and, who is next karta is not known.
P. Venu
(Expert) 23 May 2016
How you are related to the issue?
Adv. Yogen Kakade
(Expert) 23 May 2016
The legal successors are liable after the death of the karta.
Rajendra K Goyal
(Expert) 23 May 2016
The lender should gather the information regarding new Karta.
RAVI K GOUD
(Expert) 24 May 2016
You can bring all the members of HUF on record to proceed with the matter. As per Limitation Act the limitation is 90 days from the date of death of the deceased.
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
Until the bank is not informed about the death of karta who mortgaged the property for loan and is liable for repayment, the bank need not bother about the death of karta or the new karta or the other members of HUF etc for recovery.
The bank can simply issue a notice on karta and wait for the reply, if the other members of the HUF initiate action to save the property by responding to the notice, it will be well and good or else the bank may proceed with further action in this regard as envisaged in the rules about this.
