Principal debtor forged signature to obtain guarantee

Querist : Anonymous (Querist) 26 September 2011 This query is : Resolved
We received a legal notice from a bank stating that my father was the guarantor for a loan (overdraft facility) of an acquaintance who is in default. my Father was not aware of any such guarantee and thus we replied accordingly. However we received a notice from the DRT and on retrieving the necessary documents therefrom we observed that the signature has been forged. The document bears the date of signature as 2-Sep-2005.The principal debtor had taken multiple loans from many other banks and his attached property is already auctioned by some the other banks.What is our recourse? Please Help

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Raj Kumar Makkad (Expert) 26 September 2011
You shall have to prove that signaure of your father are fake and a fraud has been played upon him by bank offcials and guranors. Your faher should file a police case against him.

ajay sethi (Expert) 26 September 2011
you will have to contest case before DRT . in your reply take plea that signature has been forged . file application in DRT for referring matter to handwriting eexpert for his opinion .
also file police complaint about forgery against principal debtor

Guest (Expert) 26 September 2011
yes i agreed with Adv Makkad and Adv Sethi.

Sailesh Kumar Shah (Expert) 26 September 2011
Rightly advised by experts.Nothing to add more.

Shastri J.K. (Expert) 26 September 2011
yes I also agreed with Adv Makkad and Adv Sethi.

Guest (Expert) 26 September 2011
I also agree with the opinions of S/Shri Makkad and Sethi.

prabhakar singh (Expert) 26 September 2011
I would not have advised any thing more than what has already been advised by Mr. Sethi.

Querist : Anonymous (Querist) 28 September 2011
Thanks a lot for all your expert advice. We are approaching the police and also meeting an handwriting expert

Sudhir Kumar, Advocate (Expert) 16 April 2014
If you register FIR police will itself confiscate original documents and send them to H/w expert.

Nothing new for them.

The fraudster by now may be at large and they also know how to locate

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