Garentor in KSFC Loan

Querist : Anonymous (Querist) 03 November 2010 This query is : Resolved
Hi everybody,

I wanted to know some information related to KSFC loan guaranty.

One on relative in a problem, His friend taken loan in KSFC, and forged my relatives sign and made him as a one of the guarantor,
now Relative friend become defaulter and absconded, KSFC now trying to auction my relative properties and put the case in court. Now how my relative has to fight with KSFC in court. Can anybody help in this regard.

Bye

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B K Raghavendra Rao (Expert) 03 November 2010
Your relative need to file a complaint with the jurisdictional police for forgery of his signature and fight the case filed by KSFC.

It has to be seen if the signature prima facie varies for naked eyes. If not, your relative has to move the court for verification of signature.

s.subramanian (Expert) 03 November 2010
Yes. I fully endorse the view of Mr.Rao.

adv. rajeev ( rajoo ) (Expert) 03 November 2010
Contest the case on the ground of forgery. Court may ask any legal proceedings initiated against the relative. So file a complaint against the relative, but it is too late I think.

Parthasarathi Loganathan (Expert) 03 November 2010
Burden of proof lies on the purported guarantor to prove the fact that his signatures are forged on bank documents which is rarest of rare in normal circumstances.

Kirti Kar Tripathi (Expert) 04 November 2010
I agree with experts particularly with Mr. Partha. the Burden of proof is on who challenges the signature.

Devajyoti Barman (Expert) 05 November 2010
yes

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 November 2010
Well it will defficult to prove forgery since the borrower was your relative, however you can seek solutions in contract act.

If the terms of loan are changed without intimating the guarntor or basic loan agreements are many times blank or imp information is not filled. Just check up.

Parthasarathi Loganathan (Expert) 05 November 2010
Banks never unilaterally change the terms and conditions of any loan agreement without implied or express consent of the borrowers and guarantors. That is for sure.

DEFENSE ADVOCATE.-firmaction@g (Expert) 06 November 2010
The bank staff is egoist due their guarntee of job and unlimited raises and raises.

I have not seen a single case where the banks do not make mistakes.

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