Notary act
Querist :
Anonymous
(Querist) 18 December 2011
This query is : Resolved
The Power of Attorney in the Homeloan agreement is notarized by the bank in my absence. Is this an offence? If yes under which section of the NOTARY ACT does this come? What is that section of the NOTARY ACT defined as? What action can be taken against the bank?What is the maximum capital punishment/penalty for such offence under NOTARY ACT ?
prabhakar singh
(Expert) 18 December 2011
It can not be attributed to bank but it can be attributed to Notary himself,for which a complaint can be lodged with the District judge or with state or center by which notary was appointed.You can not say bank did it as you do not have any proof thereof.But you have proof that you have not signed the notary register.So it would be notary to explain who presented the affidavit before him and on whose identification he notarized it.
Raj Kumar Makkad
(Expert) 19 December 2011
If you had put your signature over the discussed document then there is no offence on the part of either bank or the notary. You even can not prove that the document was attested in your absence. Though Notary is required to maintain his prescribed register and is further required to obtain the signature of the party coming it for notarization but if either of the official of the bank has signed that register in the relevant column then the duty of the notary is duly discharged and you have got no right to raise any query.
I think, bank has filed recovery proceeding against you and you are in search of some ground against it. I do clear that this is not a valid ground in your hand and you cannot derive any benefit out of this situation.
Querist :
Anonymous
(Querist) 19 December 2011
Dear Sir, prabhakar singhji & raj kumar makkadji
Thanks a lot or your kind advice. but the fact is that as asked on the same patform earlier, citibank has cheated me in homelon . It did not disburse the sanctioned amount completely but still filled the agreement for the whole sanctioned amount & accepted the processing charges and monthly EMI on the whole sanctioned amount without disbursing that sanctioned amount in full.The bank also got the Power Of Attorney in the agreement notarised in my absence for the whole sanctioned amount while only the part of that sanctioned amount is disbursed.For your kind information , I have stopped to pay the EMI on the homeloan for three years with the prior intimation to the bank.I have sent many notices to the bank & also demanded compensation for breach of trust , cheating & mental torture from the bank but still the bank has kept mum on the issue.
Guest
(Expert) 20 December 2011
The bank is supposed to provide you the balance outstanding statement at the close of every your. If not supplied, you may ask the bank to supply the same and can sue the bank, if that shows the disbursement of loan more than actually paid and more outstanding than due instead of such minor type of lapses of notorisation, etc., which may not help you in your case. Such type of reasons can be treated as mere lame excuses, if you try to base your case.
Stopping payment of emi can only lower your credit rating that can also lead you to forfiet your own right to get any loan even from other financial institutions in future.
