• Loan issues

We have a family member who need to build a house above ours. They are from private sector so we don't think they would get a loan well but they claimed that they did get the loan approved for 11lacs. 

My mother is a govt employee and they lured my father for her pan card and we do not know what they would have done of it. 

We are quite worried about it.
Asked 4 years ago in Property Law
Religion: Christian

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19 Answers

1) merely on basis of mother PAN card no loan would be granted

2) any bank would check the financial position of the borrower before granting loan

3) insist on last 3 years income returns . Check your eligibility and then only grant loan if bank is convinced that you would be able to repay your loan

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

Send email to your relative to return your pan card

2) to also disclose whether PAN cars has been used by them for obtaining any loan

3) if mother signature has been forged on loan application file police complaint against family member for cheating , fabrication of documents etc

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

See with only PAN card nothing can happen if they have to use it for loan as guarantor father need to sign the guarantor documents and agreement.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can give them notice and can ask for the PAN card back

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Regarding your father's PAN card they can't do any thing if man not alive, and tell you mother that don't give any of your papers and property papers to them like mutation papers.

If they have to take loan against property they must have to sign of your hat you all are legal heirs of your house. If he property is transferred on your name.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Sir nothing can be done using PAN alone if some.document is forged then there is issue but bank won't do that to give loan. From alone PAN card they cannot take loan or make her guarantor in any situation. Her sign and agreement are necessary.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

sinceshe is your aunt she would not misused the pan card

2) in case your mother signature has been forged on any loan documents file police complaint against sister as mentioned herein above

Ajay Sethi
Advocate, Mumbai
87915 Answers
6207 Consultations

5.0 on 5.0

1. Only the owner of the property can get loan mortgaging the property. If the property is a joint property as it appears then he requires consent of other co owners as well to avail the loan.

2. Your mother if not a working lady is not eligible for loan and hence her PAN card would be of no use.

3. Moreover a approved building plan is also required to get this loan for addition of floor.

4. In this circumstances i do not find much prospect for this loan.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. They may have forged the signatures of your father and used the PAN Card to create a liability of guarantor on him. Why else would they require the PAN card of your father is beyond my comprehension.

2. Your father should find out the true picture by going to the bank which they say has sanctioned the loan.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

They can not use the PAN card without an authority letter from your father.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

At max they may enquire the CIBIL score from some private authority

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You may lodge a complaint with the police, if you anticipate that they might misuse the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you know the banking details from where they have got approved the loan then you can check if she has been made as co applicant in the loan.

If she has been made as co applicant and signed the papers or her Sign has been forced it will be a problem in future when they do not pay the loan amount to the bank and at the time the bank will ask the guarantor or the co-applicant to realise the loan amount

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Firslty, as per the newly added suggestions by the central government of putting the reason for giving the document over the same document.

Secondly, they may use it for some purpose for sure but not for loan surely, as it would take then to take NOC from the person who has given the document and for what purpose.

Thirdly, it has become the duty of the banks or financial institution to follow the above mentioned procedure.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is my response to you:

1. PAN cannot be used without a signature of the person on the xerox copy of the PAN;

2. If you believe that it has been misused for illegal activities and even if they are family member, you must file an FIR or NC against them;

3. Once the complaint is lodged then your mother can always claim defense that such a PAN was lost by her for sometime and she does not know how it was used or misused;

4. This shows her innocence;

5. Misusing someones credentials or impersonation is an criminal offence.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

My mother is a govt employee and they lured my father for her pan card and we do not know what they would have done of it.

We are quite worried about it.

You can immediately follow it up and get the guarantee cancelled if they have taken the aadhar card for the purpose of guarantee for the loan.

If they dont repay the loan then your mother will be in a problem.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Please let us know what the consequences could be and what precautions to be taken

You talk to the neighbor and enquire about the purpose for taking the aadhar card of your mother.

If he is not giving a proper reply then you may threaten him that you will lodge a police complaint about this.

Until you take a severe action on this there is no respite for you from this.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Well actually that my father's sister and we do not know what they have used the pan card for. As they are close relatives we cannot do much here. They were applying a loan for construction and our he loan is under my mother's name. What can be done in this situation.they did return the pan but we are not aware of what can/ would have been the necessity for it.

There are possibilities for managing loan on her name by creating fake and fabricated documents.

A crooked minded person can do to any extent to to all such fraudulent activities for wrongful gains.

Your mother will be in a fix if you are not initiating immediate actions on this.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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