Andy Anony 22 February 2022
Dr J C Vashista (Advocate) 23 February 2022
No, mere witness is in no way liable to pay outstanding loan amount.
The LRs of deceased and guarentor are responsible to repay the loan.
G.L.N. Prasad (Retired employee.) 23 February 2022
There is lot of difference between a Guarantor of Bank loan and a witness signature. It may also be possible, some borrowers mislead third parties stating that it is just a witness signature. So, unless the document sign is studied, it is not possible to guide further. To my knowledge, there is no need to get the signature of the witness in bank documents.
Advocate Bhartesh goyal (advocate) 23 February 2022
Kishor Mehta (CEO) 23 February 2022
Usually there are guarantors to a Bank loan, the Banks do not need witnesses while offering a loan, and the guarantors to the loan are legally resposible if the debtor does not repay the loan amount or any part of it.
Palak batra 23 February 2022
Dear Querist,
While it is true that the bank will repossess the property and sell it to recover losses, using the powers provided to it by the civil court, the Debt Recovery Tribunal or the SARFAESI Act, the lender would not do such a thing in case the borrower has someone to stake claim on his property and pay up the loan.
In case the loan was taken jointly, the co-applicant will be responsible to pay the EMI. This holds true, even if the co-applicant is a homemaker and not an earning member.
Regards,
Palak
Shweta 25 February 2022
Dear Palak,
Could you please elaborate on this ?
Thanks!!
Palak batra 25 February 2022
Dear Querist,
In such a situation mere witness can not be held liable to pay the loan upon the person who committed suicide. If the person who commited suicide has a guarantor then that guarantor would be liable to pay the same because according to most loan contracts, the liabilities of a guarantor are similar to that of a borrower, implying that we are equally responsible for paying off the loan.
Regards,
Palak