Decree not executed even after 12 years
venkat
(Querist) 17 June 2015
This query is : Resolved
my father got a loan from bank mortgaging house property. he died and his legal heirs were impleded and my mother also died and i became the sole legal heir. Final decree was passed in the year 1999 and till date no action had been taken in this regard. The original documents of the house are with the bank in relation to this case and how can i get the same. i am told that only the bank can apply for return of property and i am sure they will not do on their own. how can i proceed? kindly advise.
B K Raghavendra Rao
(Expert) 17 June 2015
Issue a notice to the bank and then approach ombudsman. If that does not work, approach consumer court. You may obtain certified copies of the sale deeds etc., from the sub-registrar which is considered as equivalent to originals
malipeddi jaggarao
(Expert) 18 June 2015
Obtain certified copies of the documents and enjoy the property uninterruptedly if the Bank has not initiated EP within the stipulated time.
Rajendra K Goyal
(Expert) 18 June 2015
Bank has not started execution proceedings till date. It seems they forget to start the same. If you approach the Bank for your papers, the case would come in their notice and they would again start process to recover outstanding and would pressurize you for the same.
If you are interested, try for settlement by paying total amount in one go and get the property released. Bank may think in giving relief in interest.
