(Guest)

Sign forgery

Dear all,

My ex husband fraudently taken personal loan,past 16 yrs back.We have joint property,are divorced,consent terms says that both will pay half of amount of laon,he is insisting bank to give NPA deatils past 1 yr & not coming to negotiate with bank,demand notice was served in yr 2004,agin 2 nd demand notice is served recently,his sign forgery handwriting experts coments have received in criminal court in yr 2006 before that bank has send demand notice,as in cooperative court i had appeared & bank argued that she is having habit of sign varying but they did not went for handwriting expert opinion though i have complaint to bank in written.

now he is saying to bank why you have not attached property so many yrs?& he will not pay untill he gets npa details.

in this case can i get house proprty name transfer?(at present original documents of property is with bank where housing finance was taken)

whether i can go to consumer court against bank or solve amicabily but then its my loss

consnt terms are nt met hence execution is going on past yrs almost,

Thanks.

please advise

Reply Follow

3 Replies

adv.bharat @ PUNE (Lawyer) 28 August 2016

As per consent term ur husband have HALF of liability to satisfy the loan liability.

With out SMS report bank could not held u responsible for fraud document.

Under such circumstances no transfer of property in ur name is impossible.

U must approach to consumer forum to avoid the unnecessary financial burden on u.

If u like my solution then give THANK on my profile.

G.L.N. Prasad (Retired employee.) 29 August 2016

There are several alternatives.

1.If you are confident of a forgery, make a complaint to the Bank in writing and send the same by Registered post and seek for inquiry. Now, any one can compare signatures and can find out the forgery with use of magnifier app available with every computer.

2.Also send another registered post to Bank stating that you are willing to pay the entire loan subject to the bank handing title documents, but this may not help the cause as the property is joint names.

3.You can file Pre Litigation conceliation before District Legal Services Authority against your spouse and bank also and can record your attempts.

4.The Bank must as statutory obligation must provide statement of loan account to any borrower / joint borrower and one can issue a simple notice under CP Act demanding such statement of account.

The above suggestions are not remedies but only cost effective relief to record your sincerity in repaying your part of share. The bank is always safe as they can auction it and get entire amount due to escalation in real estate prices and they can even charge penal rate and more costs. Litigation should be the last and ultimate remedy, if conciliation fails.