death certificate with this SA, but the respondent FI has issued the sale notice dated 15.09.2023 against these dead persons and such conduct of the applicant is highly deprecated by this Tribunal. Further, a secured creditor can proceed with enforcement actions under the SARFAESI Act against a deceased person, as the liability for the debt and the secured asset extends to their legal heirs, but the proceedings must follow due process, which includes issuing a fresh notice under Section 13 (2) to the legal heirs to inform them of their rights and responsibilities, as the original notice against the deceased borrower becomes insufficient. Even, the death of the borrower does not extinguish the mortgage or the debt; it survives and becomes the liability of the legal heirs, who have the right to discharge the dues. Further, new actions after the death, a fresh notice under Section 13 (2) must be served on the legal heirs to ensure they are aware of the proceedings and their rights, such as the right to settle the dues before the auction and legal heirs have the right to repay the outstanding loan amount to prevent the sale of the secured asset and accordingly, the respondent FI was required to issue fresh demand notice under section 13 (2) to the legal heirs. In this regard, Hon'ble High Court of Madras in the case of S. Suhaina Banu vs Indian Bank (order dated 01.12.2010 — W.P. No.27230 of 2009) has held as under and against the said order dated
