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Optic Globe (Nothing)     02 October 2014

Consent of all legal heirs for settlement

All four legal heirs of a deceased borrower was added as defendants in housing loan claim of a bank. borrower died before start of repayment. legal heirs did not take over the loan.Bank has come up with a proposal to sell the property to a buyer,at price just above claimed amount of Bank.This price is just 25% of market value of the property. Three legal heirs are willing to sell the property.Fourth legal heir got advice from his advocate to reject the proposal of Bank.This is because, as per Advocate, the Bank has committed serious legal errors in sanctioning of Loan, and hence,the entire claim of Bank is legally invalid.As per advice of Advocate,Fourth legal heir want to continue the case, and don't want to settle case now.
IS IT POSSIBLE FOR BANK TO SETTLE THE LOAN & SELL THE PROPERTY AS ABOVE, WITHOUT CONSENT OF FOURTH LEGAL HEIR ?



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