My Father and his 2 brothers took a loan on in 1996. The case was filed in the court to Honorable PO in DRT delhi.
The loan was on agriculture land
there was an house mortgaged
My father and his brothers lost the case in 2013 and the files was sent to Recovery officer. My Father was not appearing on the dates and bank attached my (Son) property in 2016. I objected and gave the following details. My Father expired in 2017.
Unfortunately the bank is making any efforts to sell the mortgaged land or the agricultural land and is instead fighting to recover dues from my house.
i (Son) bought the property in 2006 from a a builder after taking the loan from ICICI and i pay the EMI from my salary account since 2006. :
1. Registry which is in my name (Son)
2. My ITR since 2006
3. Bank statements
My objection is dismissed by the Recovery officer on the following grounds:
1. My salary was less. In 2006 i was earning 13k and the EMI was 12.5 K
2. Based on my salary the loan amount of 15L which RO thinks is manipulatied and i could have not got this much loan as my salary was 13k.
What are my remedies:
1. I plan to file a appeal and stay in the honorable court of PO
2. Is there a way we can get the urgent dates in Honorable court of PO for atleast the stay
3. Is there any procudure that RO doesn't proceeds with the auction process. Can i request them to sell the mortgaged property instead of initiating the auction of my house
