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Q. Responsibilities of Bank Guarantor

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Krish roy

posted 4 months ago

Q.Responsibilities of Bank Guarantor
Hello Team,

This case is register in West Bengal Kolkata , We had a property which my mother had given to builder for building apartment . The builder took loan against the property and build apartment . The builder never paid back the loan amount to the bank and as a result bank has hold all account of my mother since she was guarantor as a result she cannot withdraw her pension since one of the account is pension account.

> My question is can bank hold an Pension account . is there any law which does not allow bank to hold pension account .
>> What is our option to come of the libality and let bank deal with the builder directly.

Please advice/help

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

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A. ) Dear Sir,
The pension cannot be attached as per section 60 of CPC.

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Abhimanyu Shandilya

Experience: 14 Year(s)

Responded 4 months ago

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A. ) 1. File a case against the Bank for withdrawing the hold on the pension account. This should not have been done as pension is for subsistence of senior citizens. Hire a Lawyer and directly move the Calcutta High Court.
2. get all the documents signed by builder and your mother by a Lawyer to understand the financial liability of your mother and the builder towards bank and also the liability of builder towards your mother, the actual owner of the land.
3. File a civil case against builder for breach of contract, if any, and try to recover the money from him.
4. Lodge a criminal complaint against the Builder for cheating and fraud.

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Ritesh Kumar Mishra

Experience: 6 Year(s)

Responded 4 months ago

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A. ) Being guarantor, it is duty to pay off all dues on behalf of loan holder if loan holder did not pay. You can force on builder to pay off the loan. In case he did not do then you have collect property of builder for repayment of loan amount.. You have to work hard. Further need, please contact on paid service.

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 4 months ago

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A. ) Bank have such right but u can file complaint against the builder immediately for breach of contract or 420 of ipc

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