Things to do before giving loan to relative or friend

• Once this promissory note is made, it is mandatory to get it notarized by an advocate. The advocate will take small fees for the notary.
• If an advocate is not available, you can simply put a revenue stamp and sign on that.
• A promissory note can be hand written document.
• Once a promissory note is signed, it is kept by the lender.
• You should use your full name as it appears in the PAN card or voter ID document.
• Make sure to mention the date and place clearly in the promissory note.
• It is advisable to get these documents signed in the presence of a witness.

• The loan agreement requires signatures of both the lender and the borrower.
• The loan agreement should mention clearly the interest rate, the time period for payment, and other terms.
• The loan agreement should be registered or notarized by the advocate.
• Never give a loan in cash. Always carry out the transaction through a bank cheque and mention the cheque number in the agreement.

Why Lending to Friends & Family in India is Risky Business

Before we dive into what you should do, let’s take a good look at why giving a loan to a relative isn’t always sunshine and rainbows.

Emotional Baggage

• Family dynamics come into play.

• Saying “no” can trigger guilt trips or cold shoulders.

No Paper Trail

• Most of these loans are verbal agreements.

• Zero legal protection = full exposure.

Low Chance of Repayment

• Many don’t treat these loans as debts.

• “We’re family yaar, no need to repay!” is the default attitude.

Relationship Fallout

• Unpaid loans can create lasting rifts.

• Avoidance, awkward gatherings, and ruined trust become the norm.

So what’s the solution? Simple: Think before you lend. Here’s how.

• Gifts or loans from any family members are non-taxable in nature.
• Interest-free loans are non-taxable for the lender and the borrower.
• The loan is given to a relative, where interest needs to be paid, and the lender has to pay tax on the interest earned.
• If the loan is taken for the purpose of buying a home no tax payment is required on the interest payment by the borrower as per section 24.
• If a loan is taken for a personal purpose borrower needs to pay tax on the interest component payment.

Before Giving a Loan to a Relative or Friend in India

Pause & Reflect: Why Are They Asking You?

Ask yourself:

• Is this a one-time emergency or a recurring pattern?

• Are you the only person they’ve approached?

• Is this loan a need or a want?

You’re not being heartless—you’re being smart.

Assess Your Financial Health First

Before offering help, ask:

• Can you afford to lose this money?

• Will this affect your savings, EMIs, or future plans?

• Are you dipping into emergency funds?

Remember: Charity starts only after your bills are paid.

Don’t Be Rushed—Buy Time

People often rush to create urgency. A “hospital emergency” may suddenly turn into a “car down payment.”

Always say:

“Let me think about it. I’ll get back to you in a day or two.”

This gives you space to assess and not act on impulse.

Understand Their Repayment Capability

Blunt but necessary:

• Do they have a job or income?

• What’s their spending behavior like?

• Have they borrowed before and not repaid?

If they’re borrowing from you, they may have burned bridges with others. Big red flag!

Discuss the Purpose Openly

Don’t be shy to ask:

“What do you need the loan for, exactly?”

Being upfront sets a tone of responsibility. If they can’t give a clear answer, think twice.

Decide the Loan Type: Loan or Gift?

If it’s a small amount and you don’t expect it back, call it a gift, not a loan.

But if it’s more than what you’d spend on a weekend trip, label it as a loan to relative and treat it like a bank transaction.

Set a Written Agreement

Even if it’s your childhood bestie or your cousin bhaiya:

• Write the loan amount.

• Mention repayment terms, EMI, or lump sum deadlines.

• Include interest (if any).

• Sign it. Get a witness too, if possible.

Use a loan agreement format, or even a notarized document for larger amounts.

Transfer via Bank, Not Cash

Avoid cash like the plague!

• Use NEFT, IMPS, or UPI transfers.

• Add a remark: “Personal loan to [Name] on [Date]”

This gives you a clear trail—vital if disputes ever arise.

Fix a Repayment Timeline

Be specific. Not “in a few months” or “soon.”
Say something like:

“Let’s break it into 5 payments over 5 months.”

This gives clarity and accountability.

Decide on Interest (Even if it’s 0%)

You can:

• Charge a nominal 2–5% just to make it “formal”

• Or clearly mention it’s interest-free

Either way, state it in writing.

Involve a Mutual Family Member (If Needed)

If it’s a big amount or sensitive issue:

• Let a third trusted person know.

• They can mediate or nudge repayment later.

It’s not gossip—it’s smart safeguarding.

Avoid Co-signing Their Loans or EMIs

Never become a loan guarantor for anyone, especially family.

If they default, you’re legally liable. Your CIBIL score, assets, and peace of mind are all at stake.

Keep Your Spouse in the Loop

If you’re married, always tell your partner:

• Why you’re lending

• How much

• What safeguards are in place

Secret loans = future marital drama.

14. Start Small, Scale Only If Proven

First loan? Try a smaller amount.
If they repay responsibly, you can consider more next time.

Track Repayments Just Like an EMI

Don’t shy away from follow-ups:

• Set calendar reminders.

• Send polite payment reminders via WhatsApp/SMS.

• Mention earlier agreement if needed.

Be Prepared for Delays or Non-Payment

Brace yourself for “bhai, thoda late ho gaya” excuses.

You might not get the full amount back. So only lend what you can afford to lose—emotionally and financially.

Learn to Say NO Gracefully

Can’t lend? Say:

“I’d love to help, but I’m tied up financially right now.”

It’s honest. It’s mature. And it saves your relationship in the long run.

FAQs

1. Can I charge interest when giving a loan to a relative in India?

Yes, you can. There’s no law that prohibits charging interest on personal loans. Just make sure it’s mentioned in writing to avoid confusion.

2. Is it legally necessary to sign a loan agreement?

Not legally mandatory for small amounts, but highly recommended—especially for larger loans. It protects both parties in case of disputes.

3. Will giving a personal loan affect my taxes?

It can, especially if interest is involved. Interest income is taxable. Also, gifting above ₹50,000 without proper documentation can attract tax implications.

4. What if the borrower refuses to repay?

If you have proof (like a written agreement and bank transfer), you can take legal action through a civil court. But that’s often a last resort.

5. Should I still help a relative financially?

Absolutely—if you can afford it and take proper precautions. The goal is to help without harming yourself.