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Balasubramanian   24 May 2020

Request seeking loan lending agreement draft with surety

Dear Sir's, !!! GREETINGS !!! I am Balasubramaniam from chennai, tamilnadu, i helped to one of my friend by lending money to him in several intervals in his critical situations from the past 2 years with the condition stating that he has to repay altogether( 1.25-lakhs) within 1-year, he paid monthly 1,.5% interest for that, from the past 6 months he refused to pay interest even. I paid all the amount through cheque in his name & received 2- signed blank cheques without date and amount as security. Now i willing to write an agreement with (i request my another friend who, insist me to lend this loan )surety. Dear Sir's, please advice/guide/help me how i wants to draft a letter of loan lending agreement including guarantor to bound with legal grounds. Thank & Regards, Balasubramanian


Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     22 September 2020

Money given to friends and relatives is always a charity in the garb of loan which is given in expectation of refund but always taken with intention of non-refund.

 

Such loan is taken by a person:-

 


Who lacks business sence and cannot raise funds out of his own business and suddenly wants to be rich.


 


who cannot raise bank loan because :-


 

Either

he himself is not creditworthy

 

Or

 the purpose for which he seeks loan is illegal

 

or

the purpose for which he seeks loan is not at all commercially viable.

 


 Who knows he can afford not to refund.
Who trusts his thick skin
Who intends not to refund
Who has made fortification against action of refund.


 

So he has to find someone who can part with his money. SO he finds a lender near him (fiend or relative)

 

Such loans are given by the persons :-

 


Who has surplus money.
Who displays and boasts of such surplus money.
Who stupidly believe that there will be a refund.
Fails to realise as to why he alone (not bank) is being contacted for loan.
Who has extreme trust on the debor
who are either stupid or extremely greedy of the unusual (or illegal) rate of interest.


 

Such loans are always given

 


Without documentation.
Without witness
Without guarantor.


 

Business started by such money  (easy money belonging to other) invariably fails.

 

Such loans always sink and not refunded.

 


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