Making a person bank guarantor by way of forgery & misrepresentation
Dear Sir,
My father has given photo copies of important documents to one of very close family relative, such as PAN card & ration card on a/c of good faith & family relations sake. It is known to me that the said relative has a bad credit record & he has even been into prison once on a/c of fraud case. Hence I am sensing a great risk factor here. i.e. this guy is in a nice opportunity to cheat us with the help of some corrupt co-op. bank employees making my father a guarantor for a loan by act of forgery & misrepresentation by creating his passport size photograph from family photographs with the help of photoshop. And putting the name of loanee as some completely other person not known to us by known to this relative, hence keeping himself in dark in this matter. My father has done this act on the basis of pure good faith due to near family relations & reasons. Hence if such things happen and come in front of me in the upcoming years & esp. in his absence, I won’t be able to prove it as forgery since my father is currently at the age of 84 years & with ill health anytime he might collapse. And I will be the legal heir after him. Hence any such documents unless otherwise proved forged, will hold me liable due to this guarantee.
Hence I’m seeking your legal advice what steps shall be taken so that under any circumstances me or my father are not held responsible for any such guarantees i.e. by way of any public notice in newspaper, or so. As on the date my father is not a guarantor or surety with any of the banks of financial institutions.
I would really appreciate your effort in going thru my post & provide appropriate course of action in this regards.
Thanking you in advance.
Sudhir Parmar
5 Replies
Please inform this to bank & remove your guarantee.
Hi, Thanks for your reply, this case is based somewhat on the concept of contingent liability. Here I am unaware of the exact way of misuse. My intention is only that much which can keep me away from any such unknown liability due to fraud.
What i mean is that can I give some kind of public notice in the newspaper that can keep me guarded from such unforeseen or contingent liability.
Thanks.
you have couple of wrong assumptions.. do the follwoing items
1-Check with bank , weather your father has been named as acutal suurity or not..
2- check for the signatures, becuase bank usually takes over 20 to 30 signatures for even a smiple person loan. a person can’t forge so many signatures.
3- check for the liability..
and last .. you would not be help responsible for the surity which your father has given.. if (god not forbid) , if some risk happens to your father and once you become the legal hier..
this concept is known ad pious obligation.. after amendment of Hindu sucession act.. Doctrine of Pious obligation has been quashed..
and Person action also dies with person.. you can’t be held responsilbe..in general..
don’t take too much tension..if any forgery or some thing happened on bank side.. as now your father is still alive.. you can approach to bank and ask them to remove your father as surity as you can came to know that the person is fraud…
bank has to accept your application under good faith and seek the forgeree to either give the new surity or will ask for security…
My father has given as guarantor to his friend in 2005 for 60,000. My father died in 2009 and now in 2014 bank has sent court notice to us for the borrower default payment and asking us to make payment of 1,60,000 with interest.
My question is bank should have informed my father or as soon as borrower defaults payment. My father would have forced to borrower when he was alive(for 4years after 2005)
Why the bank is silent till this and now asking us for payment for banking mistakes.
Are there any laws to protector heirs or guarantors?
my email (is-mingalagi2005[at-the-rate-of]gmail[dot]com
) Regards
Mallikarjun
the bank should be responsible for the entire thing. if it is a state bank i am sure unfer indian law, u r relation will be charged under public property act. As i said before bank and the borrower is liable. Bank should verify the documents. however i am of the view that your father will be discharged from the guarantor ship because bank has helped in a fraudulent activity. Near future bank will have to file a case. if you ll can prove the fraudulent activity from the bank side your father will have a good case. ( a person who comes to court should come with clean hands) therefore dont worry .