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mangesh   11 June 2018

Regarding Dv case

my wife wants stay on sale for my flat which is mortgaged with bank, i already bank leter before the honble court but now applicant submitting one more application to grant permission on xerox copy for evidence.
dear experts when property is mortgaged with bank honble court very well knows then why wasting time on such application
what is transfer of property act and sarfasi act applicants taking money as interim since 11months
plz guide me how can i fight



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 3 Replies

Vijay Raj Mahajan (Advocate)     11 June 2018

It's well known fact that even a property which has been mortgaged with Bank or any financial institution can still be sold, advance money taken that can be used for clearing the bank loan amount etc., thereafter getting back the original property documents from the bank and handing over it to the buyer in the sub-registrar office while the balance payment of the sale proceeds of the property is being received from the buyer.

Keeping this in mind the application is being moved by your wife getting injunction order from the court that she can bring on the record of the sub-registrar stopping the sale of the property done by you using this mode as mentioned above.

Don't think that only you can be clever, there is a big world consisting of people more clever than you. And, if you are so honest, let her get injunction order preventing sale of property that can always be set aside after your dispute with wife get settled.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     11 June 2018

In DV case, wife has got a residence right in a shared household, even though she does not have clear title, if it is matrimonial home.  So, she can certainly seek stay of transfer or sale of the property of respondents, whether the property has got clear title or mortgaged somewhere else.  As she is not in a position to get original mortgage deed, she can seek the court permission to lead evidence on photo copy of the document or take other appropriate steps to call for the original record from the bank.

mangesh   11 June 2018

dear samarpan sir my query is when court knoes veey well eegarding transfer of propty act and sarfeai aci then why court entertaining like this application

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