FRAUD IN BANK GURANTEE
Saptarshi Paul
(Querist) 11 August 2010
This query is : Resolved
My client’s mother had got notice from one nationalized bank that My client’s mother was given guarantee to Mrs X’s term loan and after getting such notice my client and his family shocked and found that the original land document ( Sale Deed) was not in home, his younger brother confess that he has given the said document to Mrs X husband just for study the deed but Mr X & Mrs X without my client’s brtother’s consent given the said document to Bank as mortgage, after filling the RTI against Bank, the bank has send photocopy of one affidavit and Mortgage documents, as my client’s mother is illiterate so she just can put thumb impression and from the photo copy its not clear that photo attach with the affidavit and the thumb impression too.
My client is sure that his mother neither had given any thumb impression nor given any photo to the bank as she is suffering from illness and always kept lying on bed since 10-15 years.
Now my clients wants to get back there Land document to their own custody and he also want that his brother also become safe.
I need the suggestion what steps should I take on behalf of my client so that I can help them to get justice.
Regards
S Paul
M- 09435393500
s.subramanian
(Expert) 11 August 2010
lodge a police complaint against x and her husband. then issue a legal notice calling upon the bank to release the document to you challenging the mortgage as a fraudulent one. if they do not do so,file a civil suit for mandatory injunction aginst the bank for the release of those documents. make x and mrs.x also parties to that suit.
s.subramanian
(Expert) 11 August 2010
you can also approach the banking ombudsman.
Saptarshi Paul
(Querist) 11 August 2010
Sir,
thank you very much for your suggestion, but sir its already very late as the First notice was send by bank on dec 2009, so can we lodge FIR against the party and civil suit against bank
S.Paul
ASSAM
Devajyoti Barman
(Expert) 11 August 2010
Immediately file complaint for forgery, cheating and impersonation. Give a notice to the Bank regarding getting back the original deed. Filing of civil suit against the bank is appropriate as mere criminal action against the borrower would not solve the problem of the guaranter.
Is the original owner allegedly stood as co lateral surety? Because the bank is not supposed to disburse the loan in favour of a person who is not the owner of a property. Clarify this point.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 August 2010
Yes initiating offense is the best way. But how to confirm that you are right, it not it will boomrang.
