Legal Question in Banking Law in India
Loan to unmarried women
What precautions should a Banker
take while giving loans to Hindu
and Muslim unmarried women? Is
there any special precondition that
has to be fulfilled before disbursal
of loan? Also is it an act of
indiscipline if loan to married
women is given without the
written consent of her husband for
running her independent business.
I shall be obliged to receive
opinion from you sir.
5 Answers from Attorneys
Re: Loan to unmarried women
No, husband consent is not required. You only have to check her capacity to pay and her capacity to execute agreements.
Re: Loan to unmarried women
The Banker only sees the capacity to pay and security or assurance that loan will be recovered with interest.
Re: Loan to unmarried women
This question seems from a person who is a casteist and a misogynist (woman hater).
Sir may i ask how does it matter whether its a woman or man who is taking a loan, as long as the individual has a paying capacity. Moreove how does it matter whether the woman is a hindu or a muslim?
Thoughtless people like you have divided our society more than anyone else.
Re: Loan to unmarried women
It is anachronic to put this question. women Hindu or Muslim are equals. If they are educated, no problem. If a Muslim lady observes purdah or veil, and she wants a loan, you are at perfect liberty to ask her to reveal her identity including her photograph of her face. Her resources to repay the loan etc.If she is illiterate, ask her to come with a male help preferably a father or brother to attest her thumb impression on documents, if otherwise the proposal for lending to her is O.K. There is no question of requiring the husband's consent for lending to a married woman for her independent business, if she has one. But it is advisable from security angle to insist upon the guarantee of her hushand. Each case depends on its own facts and a solution cannot be provided as fitting all feet.
Re: Loan to unmarried women
Husband's consent may not be required for giving loan to a married woman. However, the loanee should have "legal capacity" to enter into a contract.
Related Questions & Answers
-
Bank overdraft I owned a petrol station in Hyderabad. Since sptember 2008 my... Asked 5/03/09, 12:41 am in India Banking Law
-
Check Bounce -Person missing from Address I have given a land to my frined.He gave... Asked 4/29/09, 2:47 am in India Banking Law
-
Personal Loan - HDFC Hi, I had taken a personal loan amounting to Rs.320000, EMI... Asked 4/28/09, 10:01 am in India Banking Law
-
Bangk guarnateee can a bank guarantee discharged to a third party Asked 4/28/09, 3:03 am in India Banking Law
-
Unable to pay EMIs for 2 Personal Loans Hello, I have taken 2 PLs for my family's... Asked 4/27/09, 6:23 pm in India Banking Law