SARFAESI

yes. a procedural work requires to bring heirs of deceased on records and then fresh notice to be issued.

Dear Sir,

Can you pls provide us some citation which speaks about the discussed point?

The notice u/s 13(2) of the Act is given to the Borrower only and it has nothing to do with the Guarantor and hence  his death does not necessitate service of such notice to the legal heirs.

Though I agree with the views of Mr.Barman, I would like to place my views as follows. If the guarantor has furnished his property as security, then his property becomes the secured property. Under these circumstances, notice to the guaranto has to be necessarily sent and if the guarantor has passed away, then the legal heirs has to be brought into the picture. Pls correct me if I'm wrong.

Dear Mr.Uday,

I agree with your views. The Bank must bring the Legal heirs on record & then issue fresh Notice to them. By the way this is an accepted practice at DRTs.