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Aditya Holkunde (Proprieter)     18 July 2013

Bank loan borrower absconded

Hello all,

Needless to say I am pretty much impressed with the member count here.

Seven years ago my father has mortgaged his land and acted as a guarantor for a loan which was borrowed by his friend.

My father's friend failed to pay the amount and has absconded now. In the year 2011 my father passed away and the bank came to us saying the land will be auctioned if the amount is not cleared.

I had to clear the bank loan by paying around 27 Lakh.

I am in great need of money now and am willing to trace that man(my father's friend) to settle dues.

I have no information about his whereabouts and am scared of taking a legal action because I am the only bread earner in my family now and don't want to get into something which I am not sure about.

Thank you for reading this post, I will be very much pleased if I get to hear on this.

Best Regards,



 17 Replies

2BHelpfull (Other)     18 July 2013

u are now in the shoe of creditor.


u can take legal action against ur father friend for recovery of the amt paid to the Bank.

Sudhir Kumar, Advocate (Advocate)     18 July 2013

but yuo have to pay to the bank or loose land.

shaik.satharbibi (lawyer)     18 July 2013

you can legal action against your father friend for recovery of the amount paid to the bank.

Advocate Sastry (Advocate)     18 July 2013

You do not know the whereabouts of your father's friend.... You are scared  of taking legal action... In this situation you will be loosing the property...

Think  with cool mind... you have to pay Rs. 27 lakhs... Try to find out where is your father's friend and put pressure on him... To take legal action against him will arise after your payment to the bank... Better to get it paid by him...

Kumar Doab (FIN)     18 July 2013


You have posted that:


-------“I had to clear the bank loan by paying around 27 Lakh.


If you have paid the loan amount to the bank then first of all obtain NOC and original documents of property from the bank.

Transfer the ownership rights in your name.


By now if the real estate has appreciated you shall gain. Keep it in good condition and let it appreciate.


-------“ I am in great need of money now and am willing to trace that man(my father's friend) to settle dues.


To find whereabouts of the absconder you can seek the help of professional investigating agencies by paying their fee……………



Or approach police……………..

akrit (teacher)     18 July 2013

You can take legal action against your father's friend, but in order to do so you should know his whereabout or go for filing a FIR and try to take legal recourse. I think that you shall take best possible legal advice in the matter, i would tel you one of the sites where i got best legal adive in minimum time and a follow up call at the earliest, the website is

Sudhir Kumar, Advocate (Advocate)     19 July 2013

well defined by Mr Kumar Doab

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 July 2013

If your father had stood surety for his friend, the friend or even his family may have been very well known to your father. Your father may have even known his bio-data. Also your father would have known as to what purpose the friend took such a large loan. Now do you know what your father knew or at least part of it? If you already do not know find out who were the witnesses, who signed identifying your father's friend. These are some of the ways to pick up the thread to locate the absconding friend. As your father was the surety and he had mortgaged his immovable property as collateral, the Bank would not have bothered to locate the absconding borrower. Now you are bothered. You have to use your resourcefulness to trace the so called friend.

Aditya Holkunde (Proprieter)     19 July 2013

2BHelpful, Sudhir Kumar, Shaik Satharbibi. Advocate Sastry,Kumar Doab,Akrit and MPS Ramani - Thank you all for your valuable comments. I am really greateful to you.

Few things I want to keep clear again:

1. I cleared the bank loan by selling the land.

2. I have an agreement made on 100Rs bond paper, which was written by the borrower(my Father's friend). It clearly mentions that he will pay us the amount in     6 months time which he failed to do.

Is there any way that I can force bank to trace the whereabouts of the absonding borrower? So that I will not have to bare expenses?

Also, if I need to trace him through investigation agencies, could anyone suggest any person and how much it would cost.

Many thanks to all once again. You guys have already made it easy for me.

Advocate Sastry (Advocate)     20 July 2013

Dear Aditya,

Never try to get advice from us with half information... All experienced persons tried to respond to your quesry thinking your problem as really existing..

Now you say that you have repaid the bank loan by sellig the land and taken an agreement from your father's friend... Now the bank is not in the picture as their loan is repaid... The matter is between you and your father's friend...In what way Bank is concerned to trace his whereabouts... You are a smart GUY and you can handle the situation very well to trace your father's friend... Now you have to recover your money for yourself.... Think well or contact local Advocate.... GOOD LICK 

Advocate Sastry (Advocate)     20 July 2013

Dear Aditya,

1 Like

Kumar Doab (FIN)     20 July 2013

Well said, Mr. Sastry.

You are Absolutely   right.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 July 2013

An advocate can help you only after you have located the person. Now tracing the person is the job of the Police, a private detective or you yourself. As your father's friend had got loan from the Bank, the Bank will have considerable information about him. But the Bank may or may not help you. But if the Police asks them they will comply. Your father's friend appears to be a quasi-criminal. With modern technology Police apprehend even blue collar professional criminal. If the culprit has not left the shores of India, the Police has the expertise and powers to locate him. But the big question is the Police should act and more importantly they should apply their mind.

Sudhir Kumar, Advocate (Advocate)     20 July 2013

police does not trace persons with private liability.  The bank or police will not help you.  You have to file civil suit against him within three years of the loss sustained by you, if you are able to trace him.

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