1) meaning of the word “borrower” as defined
under Section 2(f) read with Section 13(2) of the Securitisation and Reconstruction
of Financial Assets and Enforcement of Security Interest Act, 2002( hereinafter
called 'the Act'). extend to include legal representatives of the original borrower inasmuch as the said expression extend to his heirs, successors or legal representatives.
2) The relationship between the borrower and the bank or the financial
institution is created by a contract under the Indian Contract Act, 1872. Promise
made by the promisor is binding on his representatives in case of his/her death,
unless a contrary intention appears from the contract. Promise to perform an
obligation under contract is not personal to the contracting party but is also binding
on his representatives. Legal representatives under law is liable for the debts of their
predecessor to the extent of any property inherited by them from their predecessor in
interest.
3) under section 37of indian contract act Promises bind the representatives of the promisor in case of the death of such promisors before performance, unless a contrary intention appears from the contract.”
4) bank has to substitute the legal heirs of MD in notice s issued as The residual interest in the property passed on to the hands of the legal representatives