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shreeecons@yahoo.com (shreeecons@yahoo.com)     10 August 2011

Delayed registration of loan agreement

hello there,

i am a banker located in hyderabad.  i recently transfered into a position. while going through old records of the bank, i observed that in two cases the papers were not in order.

1.  an education loan agreement was executed in july 2003 which was to be stamped before barrower signs.  but in this case the agreement was not at all stampted ie. the signature of the barrower was taken on an unstampted loan agreement.  i request you to please advise me how to make it legal and whether there is any way to stamp is now.

2.  in another case in memorandum of deposit of title deed, the document was dated july 2008.  the document was franked for rs. 5,000/- as the home loan was for 10,00,000/- but later the barrower availed a home loan of 12,00,000 ie. two lakhs more than earlier proposed.  the document was franked for rs. 5,000 and dated july 2008.  this document was not registered till now.  now my doubt is whether i can pay the difference amount and regularise the document.

i request you all to give proper advice.

thanks,

mahesh (9885943775).



Learning

 3 Replies

pervez (adviser)     10 August 2011

Dear, First of all, you inform these discrepencies to higher ups, to save yr skin.. regarding issues, the documents are still valid and enforceable.. only thing is that if these discrepncies are brought to the notice of court , while enforcement, you can make the deficit good by paying penalty 10 times of the deficit amount... There is no point in re-open the issues now., after a period of 8/4 years... 

You have not indicated the position of repayments / track record of the borrower... ?

1 Like

Kumar Doab (FIN)     10 August 2011

Mr. Pervez has rightly advised.

We have seen people traveling miles to deposit their loan installment, and other living one floor above or below the bank and giving jitters to the bank.

AAK (Advocate)     12 August 2011

merely because insturment is insufficiently stamped does not make it completely  void. but you have to pay heavy penalty.  In karnataka it is 10 times of the stamp payable at that movement.


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