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atul mehta (Querist) 15 June 2012 This query is : Resolved
I had taken a bank loan against my flat as collateral in which one of my relative lived and was not vacating and there is a suit in process at court.

As i did not pay the loan, the bank went to take possesion of the flat after doing all legal formalities and just pasted a notice of symbolic possesion at the flat as the flat was locked.

Now it is learnt that my relative had vacated the flat one month ago and locked the flat and not informed me.

Please advise me how to take possesion of my locked flat with pending suit in court and my relative will not coperate as he is a wicked person.
Please coperate.
Thanking you for valuable advice in advance

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ajay sethi (Expert) 15 June 2012
you have to file suit for eviction against your relative .

please clear bank dues . if you fail to repay loan bank will auction your flat for recovery of its dues

atul mehta (Querist) 15 June 2012
Dear sir, as stated above i already have a pending suit for eviction at court,should I file a new suit? please inform.
thanks

Nadeem Qureshi (Expert) 15 June 2012
Dear Atul
as you informed that you have already filed a eviction suit but your relative vacate the premises/flat and locked the flat, you can approach the court to appoint a commissioner to inspection of the flat and after commissioner's report approach to the court to break the locked and give the possession to you. this is the procedure for eviction only from your relatives. after that you can contact to bank official clear the dues and get possession of your flat. otherwise bank have right to auction and sale the flat to another person. according to SARFAESI ACT.
Feel Free to call

atul mehta (Querist) 15 June 2012
Thank you Mr. Nadeem, I think this is only the solution.

Ashish Khandelwal (Expert) 15 June 2012
first of all clear the bank dues after that follow the process advised by Mr. Nadeem.

c.p.s. ramachary (Expert) 17 June 2012
According to you the tenant vacated the flat but locked it. Bank had taken constructive/symbolic possession of the flat. The bank will take steps to take physical possession under Sec. 14 of SARFAESI Act. In that event Sec. 34 bars any further action for physical possession of the flat under your eviction suit. Your suit becomes in-fructuous since the tenant had already vacated the flat according to you. If you have justifiable grounds you may file application under sec.17 of SARFAESI Act and challenge on validity of action taken by the bank.