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.


Asked on 5/03/09, 11:39 am

5 Answers from Attorneys

Pranav Desai PD Legal & Associates

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.

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Answered on 5/06/09, 5:45 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Loan to unmarried women

The Banker only sees the capacity to pay and security or assurance that loan will be recovered with interest.

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Answered on 5/04/09, 1:47 am
Rajneesh Malhotra Malhotra Advocates

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.

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Answered on 5/03/09, 12:57 pm
J. Radhakrishnan independent Practice

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.

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Answered on 5/03/09, 3:07 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 5/03/09, 3:20 pm


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