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Srinivasan Civil   27 August 2021

Attachment before judgement.

My father was deceased. He has a home which is under bank loan. So i want to sell the property. One money lender who gets more interest is urging us to return his money without any legal documents. I dont know him before. He told us that he will file a case for attachment before judgement. Can i sell the property now. the home is on my father name.we are going to get advance from the home buyer. is it legal to sell the property without any problems for the buyer. He is trying to change unsecured loan to secured but he got more interest than principle. Please answer.


 2 Replies

G.L.N. Prasad (Retired employee.)     28 August 2021

Contact a local advocate as it is absolutely not possible to attach an asset already mortgaged to the bank.  The advocate may issue suitable notice to the lender asking him to present the documents in possession.

The lender ought to issue notice and file a recovery suit by paying the court fee as per market rate as he was not in possession and such procedure takes long time to recover.

If you wanted to dispose of the property, you have to establish yourself as the only legal heir and have absolute rights on the property, and then only you can dispose of the property.

Also, find out from the Bank where the Home loan account is covered under Group insurance as you need not pay the amount and the institution claims insurance and returns back the documents of the title deed to the Nominee.

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P. Venu (Advocate)     28 August 2021

The property has devolved upon the legal heirs and is jointly vested with them. They can sell the property by jointly executing the conveyance deed. However, the proper procedure is in getting the property mutated in the revenue records and subsequently executing the sale deed. Attachment before Judgment is allowed only in exceptional cases.
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