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Forgery of Personal Loans

(Querist) 18 November 2009 This query is : Resolved 
It is a case happened in our apartment in one of to the neighbour.

He has taken around 12 lakhs of personal loan by giving forged documents.Recently he has availed a loan on her wife name in HDFC bank with forged documents.His wife is actually not working.HDFC bank found it forged and FIR has been filed on both husband and wife.The bank has seized the original certificates , passport and pan cards of the husband.In couple of days the couple were absconded.

The bank seized the entire things of his house where his/her parents are staying.The bank sold all things and settled against theid outstandings.

My queries are :

Is the bank has right seize the Passport and Pancards ?
Can the bank freeze the passport in the court?
What are the legal implications to the husband and wife in this case.
Does the bank has right to seize the household things?
Raj Kumar Makkad (Expert) 18 November 2009
1. Bank has no power in this regard.

2. No. passport can also not be frezzed by bank.

3. Couple shall to face the consequences of the criminal case and their civil liability to retun the money got advanced with up to date interest as agreed but their entire properties and right to life cannot be snatched from them and they should agitate for their civil right.

4. No. Bank cannot seize the household things of mortgagor even if they produced forget documents for availing the loan from that bank.


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