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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



Learning

 3 Replies

rajeshtanku (court)     11 August 2010

POST THIS QUESTION TO EXPERTS

Kumar Doab (FIN)     23 August 2010

In case of an illiterate person who puts thumb impression, the company/bank as per their manual should add a declarant who declares  the forms/application/procedure/process has been explained to the party and has been understood in his presence and puts his/her signature in the vernacular language ( same as that of the form).

Is  there any declarant in the copy received by you.

SACHIN AGARWAL (ADVOCATE)     04 November 2010

Normally banks take the photographs of the guarantors also. Ask your Client to visit Bank and check the photo of the guarantor.

 

If the photo is changed, lodge an F.I.R. against the Mr. and Mrs. X and also file an Injunction suit before the competant court having jurisdiction against the Bank and also array Mr. and Mrs. X as party.


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