Legal Question in Banking Law in India

Non payment of personal loan

Sir,

My friend has taken a personal loan in the year 2007 for one lac.i have signed surety for his loan. Till last month he was paying his EMI promptly. Last week he had a heart attack and is no more. What will be the next step by the bank. Am i responsible for his balance loan. please suggest solution to come out of this


Asked on 4/01/09, 4:07 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Non payment of personal loan

Your statement may not be complete for an appropriate answer. You may rather show all your documents to a local lawyer for appropriate guidance.

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Answered on 4/01/09, 6:12 pm
J. Radhakrishnan independent Practice

Re: Non payment of personal loan

If you have signed as surety for your friend, the bank will look upto you for paying the rest of the EMIs. Pl. ascertain his legal heirs and request them to continue to pay the EMIs. Otherwise, you have to pay. No way you can escape liability unless the loan is repaid either by the legal heirs of your friend or by you.There is no other way to come out of this imbroglio which is your own making.

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Answered on 4/01/09, 11:25 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Non payment of personal loan

Hello.

GOOD MORNING!

In this case if you have signed as a guarantor for your friend its very obvious the Bank will make you pay the rest of the EMI's.

At the earliest, you may contact a local lawyer with all the documents.

If your are from Ahmedabad City, GUJ then please contact personally.

In case of need please contact alongwith the details.

OR

Mail me in case of futher query.

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Answered on 4/02/09, 1:42 am
Pranav Desai PD Legal & Associates

Re: Non payment of personal loan

Yes, since you are the surety. However, you can request the family member of your friend to make the EMI payments.

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Answered on 4/02/09, 12:28 pm


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