Bank related

Uday kumar (Querist) 01 September 2011 This query is : Resolved
Hi,
In April 2010 we received a notice from bank that my grandmother was guaranter in a loan furnished in 1985.In this loan a paper of sale deed of my grand mother is mortgage in favour of loan and loany becomes defaulter So,bank send this notice for settlement of loan.This is the first notice from bank.After, receiving this notice we enquiry about that property we found that this property was recorded in the name of other person on the basis of fake survey instead of my grandmother according to local Karamchari record and in half portion of that said land a house persent of other person and he shows a fake paper of sale deed of that said property .This was happened after mortgage of that sale deed.Then how this property was recovered to me please help me?Is bank responsible for recovery of this propety because this saledeed is mortgage in the bank?Before recovery we settle loan with bank or not,please help me?If bank is responsible for recovery then what type of action take against bank .If not then what can i do for recovery?
Please, mention appropriate way, laws and acts if possible?
thank's

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Shailesh Kr. Shah (Expert) 01 September 2011
what have been done by you between april 2010 to till now.

Raj Kumar Makkad (Expert) 01 September 2011
I think you are one of most lethargic persons. The property was only mortgaged but it possession was not given to bank. It was not the duty of the bank to maintain the possession of the property. You have to recover the property.

I suggest you in the given circumstances not to deposit any amount with bank and let the bank take possession of the mortgaged property and prepare to auction it. When the prperty comes in the hands of the bank then deposit entire pending amount and obtain that property otherwise it shall take many birth to take your property back from fraud persons living peacefully in their houses constructed over your property since many years.