Saptarshi Paul (Advocate) 11 August 2010

fraud in Bank Guarantee

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

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2 Replies

sanjeev narula (advocate) 11 August 2010

Mr paul your client has still not given you the complete details ,check the credentials of the younger brother his role is still not clear ,what is his share in the property of the mother . any dispute among the brothers regarding the property sharing , else someone handing over the originals for reading sounds absurd

check the details with the Bank if you can

whereabouts of Mrs X

she must have availed this unsecured loan against forged ITR returns

eligibility of Mrs X to avail Term loan

date of loan

property papers are just given as Collateral security (Simple mortagage )although the principal borrower and Gaurantor are severally and jointly liable

was there any due diligence report given by the Advocate on bank panel

can file a complaint u/s 467 & 468 making Bank, Bank Manager and Mrs X party

J. P. Shah (RTI & CONSUMER ACTIVIST) 16 August 2010

As a first step, she should disown liability as guarantor stating that she has not put thumb impressions. Bank will try to get it verified by a govt approved graphologist/handwriting expert etc. It will clarify the issue. Secondly through RTI seek copies of pages of register of mortgage which is maintained by banks, which shows presence of mortgagor in the bank. Also ask name of officers of the bank in whose presence the lady was explained contents of all the papers, since she is illiterate.

You can get thumb impressions verified by a govt. approved finger print expert. You already have copy of papers held by bank with her thumb impressions. Mostly forensic science laboratory of state govt match signatures/thumb impressions. If they certify that thumb impressions on bank papers are not that of the lady, she will be absolved of all liabilities.