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Yash   23 November 2016

Notice from bank for property to be auctioned.

Hello,

I would like to begin by saying that, my father has passed away on 30th Sep leaving behind unimaginable amount of debt to deal with. 90% of it is borrowed from private lenders (hand loans). Our only way to repay the loan is throught the only property we possess.

But we have recently we have received a notice from Indian Bank stating that we have to settle the total outstanding to the bank within december 2016 or the property will be put down for auction.

I have kept the property for sale and currently due the demonatization situation prevailing in our country I am unable to find potential buyers. I need more time to settle the outstanding and I need your guidance on how to go about this.

Please advice.

Regards,
Yash.



Learning

 20 Replies

Sankaranarayanan (Advocate)     23 November 2016

Well , with all details you find a lawyer  and  act accrodingly 

Kumar Doab (FIN)     23 November 2016

The property seems to be registered in the name of your father.

Apparently you have NO document pertaining to debt from Bank and private lenders.

Even now despite demonitisation property is being purchased and sold.

Approach a very able counsel specializing in banking/DRT matters, at your location for expert advise based on documents and details that you have and on how to proceed further.

If the proeprty is mortgaged bank may not allow you to sell.

You need to take bank,buyer in confidence.

Don't delay.

 

 

G.L.N. Prasad (Retired employee.)     24 November 2016

Explain the facts and circumstances and take time from the Bank for giving you time on compassionate grounds.   Further, your bank must have obtained insurance linked loan, through which the loan will automatically liquidated from loan.  Just get the documents RTI Act.  Do not spend more amounts for litigations and try to compromise explaining the bnak about your difficulties.

Kumar Doab (FIN)     24 November 2016

The bank has already noticed you.

Certainly you can obtain all dcos from bank pertaining to debt and even insurance whose premia is obtained from borrower.

It is time to approach a very able counsel ASAP for a considered opinion.

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 November 2016

When a person decides to sell his mortgaged property, he should ensure he has all the important documents- Sale Deed and housing society share certificate, etc. (depending on the type of property). A Sale Deed is required to confirm the ownership and the authority of the owner to sell the property. However, if the property has had previous ownerships, it is the buyer’s responsibility to demand for a copy of the previous deeds. Along with the sale deed, the buyer should also ask for copies of the stamp duty and other registered property documents. Naturally, if the property to be sold is mortgaged, it’s documents will be held by the bank as security. In such a case the buyer should ask for the photocopy of all those documents.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 November 2016

When a person decides to sell his mortgaged property, he should ensure he has all the important documents- Sale Deed and housing society share certificate, etc. (depending on the type of property). A Sale Deed is required to confirm the ownership and the authority of the owner to sell the property. However, if the property has had previous ownerships, it is the buyer’s responsibility to demand for a copy of the previous deeds. Along with the sale deed, the buyer should also ask for copies of the stamp duty and other registered property documents. Naturally, if the property to be sold is mortgaged, it’s documents will be held by the bank as security. In such a case the buyer should ask for the photocopy of all those documents.

Kumar Doab (FIN)     24 November 2016

It is secured loan and property is mortgaged.

Regret: you should avoid acting on your own and must preferably discuss with your able counsel.

 

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     24 November 2016

Bank as secured creditor can sale the property. But there are thousands of such properties all over India and no buyers even by e auction.

 

So you will get some time but find out even after sale you can repay all the loan of the bank.

Kumar Doab (FIN)     24 November 2016

Mr. Trilok is right.

Bank shall sell at the price it decides.

Get the market price valued from approved valuers.

Find buyer and sell by taking bank into confidence.

Bank can recover from secured assets and estate of borrower.

 

 

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     25 November 2016

1.  It would be a Criminal offence to sell a mortgaged property.  Hence such property cannot be sold, in any way.  As far as "hand-loan" money lenders are concerned, they can be simply told to shooo away.


2.  Banks derive irrefutable right over the mortgaged property under the "Sarfaesi Act",  and in the event after period of non-recovery, Banks can just simply Auction the property, by following due procedure of law.

  
Keep Smiling .... Hemant Agarwal
VISIT:  https://www.maharashtra-society-help-forum.com

Kumar Doab (FIN)     25 November 2016

Expert Mr. Hemant Agarwal has further illsutrated.

 

Agreed.

 

rajeev sharma (Advocate Ex senior manager law )     30 November 2016

I understand that your problem is that you want to repay loan by selling the mortgage house.remember that bam\nk too get the property evaluated before sale. If the value of yourproperty is more than the bank loan then bank will no be able to sell it for a lesser amount and the present fiscal condition effect the salof bank also.

Best course of action is you approch the bank and make negotiation for sellement this way you will get some time for repaying loan and by that time probleme of demonotization too will be over.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com )     19 December 2016

However if you can fight than there are many loop holes in SARFAESI law., but it is costly and lengthy procedure.

Kumar Doab (FIN)     19 December 2016

Approach a very able counsel specializing in such matters.


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