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DIMPU BOSE   12 October 2021

guarantor

my father had a pension loan from SBI. I am the guarantor. Now I am divorced. and my father also died due to corona, on 3rd June 2021. Now bank pressure to me to pay the loan amount. pension fully stopped
what can I do, please help me.


Learning

 5 Replies

G.L.N. Prasad (Retired employee.)     12 October 2021

As a son, you have a moral duty.  As a guarantor, you can not escape your legal liability.  However as the corona victims are entitled to Rs.50,000/- compensation from Govt, use that source to repay the loan.  First make arrangements to get the compensation by presenting a death certificate, medical reports, and a certificate from Bank and request the bank to wait for such compensation by giving such undertaking to pay out of such compensation, and request authorities to pay compensation the amount to such account as the borrowed amount was used for medical expenses.   Your divorce etc are not material in the case.

Shashi Dhara   12 October 2021

You  are also employee or not then y u have gaAurantee if u are divorcee then u have claimed alimony or not ,have u inherited any immovable property ,Ur mother is alive or not u have brothers or sisters .

SHIRISH PAWAR, 7738990900 (Advocate)     12 October 2021

Hello,

Bank can recover the outstanding from the guarantor. You can demonstrate your difficult financial condition to the bank and take some time for repayment. Please note that you cannot avoid the loan repayment. SBI has rightly stopped the pension as the pensioner expired. 

P. Venu (Advocate)     12 October 2021

Are you employed? Is anyone else receiving Family Pension after the father's demise? If not, you are entitled for family pension and the outstanding amount could be cleared therefrom.

1 Like

Dr J C Vashista (Advocate)     12 October 2021

Since you are stated to be employed your case for family pension of your deceased father cannot be considered.

However, you are liable to repay outstanding loan availed by your father and you are a guarantor. 


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