Property with mortgage auction issue

sreeram (Querist) 31 March 2016 This query is : Resolved
Hi Sir,

We are two brothers and we have two portions building. we have constructed building in 2009 with taking 10L loan from a bank.

the property is in my brothers name (to get loan) and now he is refusing to give my part, and he is not repaying loan from past 3 years (2012 on words). now the bank people came and asking to repay or they will go to auction.

while dividing our propertys we wrote one mutual 100rs stamp paper agreement to register property my name and the validity he putted 31-12-2012 but he didn't, again we met with a set of people and made agreement in white paper with witnesses.now he is in abroad and he not replying me and bank people.
Questions:
1) what all are the possibilities i can get my 1/2 portion in the house?
2 ) how to stop the bank auction?
3) is the white paper or 100rs stamp paper will work to get my part of property?
4) if auction held after deduction of loan amount the remaining amount will go to whom?
5) can my mother can do any thing to prevent auction or fight for share?

Thanks in advance.

Thanks & Regards,
Sreeram.

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r.sathyanarayanan (Expert) 01 April 2016
According to your own statement the property itself stands in the name of your brother,again we understand from your own statement that he only repays the loam and you to expect him to do so.
No details about how you are entitled to the property.
Why he share with you?
Lack of details to answer.

Rajendra K Goyal (Expert) 01 April 2016
1) what all are the possibilities i can get my 1/2 portion in the house?

__ Negligible till your brother proceed / agree.

2 ) how to stop the bank auction?

__ Loan has to be paid.

3) is the white paper or 100rs stamp paper will work to get my part of property?

__ depend on the evidences / case. These may help.

4) if auction held after deduction of loan amount the remaining amount will go to whom?

__ To Your brother.

5) can my mother can do any thing to prevent auction or fight for share?

__ If she wish she can pay the loan. Negligible chances to get any share to her.

Guest (Expert) 01 April 2016
Answer the Queries of Expert Mr.r.sathyanarayanan and Consult Local Good Advocate with all Evidences and apply and get all Related Copy of Documents from Registrar office and Seek the Possibility of a Stay on Priority.Act fast and Time is Running and Bankers would Proceed for Auction.