Uday Valmiki 23 February 2022
Himani Chouhan (Advocate) 23 February 2022
Don't Settle straight way, ask the bank to provide you all relevent documments which are signed by your mother. Bank is bound to provide you all documents before asking their claim.
For further discussion you may contact.
MS. HEMA 25 February 2022
MY FRIEND,
PLEASE READ THE LOAN DOCUMENTS CAREFULLY YOU WILL GET SOME SOLUTION IN THAT,IF YOU DON'T UNDRERSTAND THAT THEN CONSULT A LEGAL PROFESSIONAL(IN BANKING).
Firstly, the following points must be noted
1. Heirs liability is limited to inheritance.
2. Heirs should demand all documents i.e., loan agreement, account statement containing each debit and credit entry and any previous communications and should check whether current demand of bank is in any way deviating from past documents.
3. Heirs could check up for bank's OTS policy published in line with RBI guidelines and see whether they are eligible to opt for the same. If they are, they could think of availing the same.
4. For interest etc., interest is not linked to deceased person but to the outstanding amount and will continue to be charged till amount is outstanding. However, whether interest is in line with agreement with bank and whether any penalty charged is in line with RBI guidelines and / or in line with provisions of Indian Contract Act will be required to be examined
You may also request for EMI holidays while paying a one-time moratorium. Please go through the bank documents and you may find some provision where EMI holidays are permissible for exceptional circumstances. COVID will certainly fall under the category of exceptional circumstances. Some banks also provide an inbuilt cover for such exceptional circumstances.