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Nagendra Prasad S (Advocate)     30 July 2018

Home loan not paid sine 8 month, your advice please

Hello expert required help to sort my problem!!

i have home loan of 17 Lak, which i have not paid since 8 months, Bajaj finace bank has filed 3 chequ bounce case againts me.

i have already informed bank to take over the property and put in auction & property worth of 1cr. and settle remaining amont to me!!

Why i was not able to pay home loan because of followig reason.

1.  My wife had filed dowry case on me , also maintaince case which is on tril in court.

2. she has bought injuction order from the court on my house saying i should not sell the property. (she has only this property to leave)

3. i have lost my job due to non performance in office due to this cases.

1. Now what should i do now -  Should i fight on checque bounce case ot need to take bail for cheque bounce.

2. will she win the case on injuction order.

3. bank is not taking my property as it says that there is injection order.

4. they cant got for arbitary process.

5, will i get arrested due to cheque bounce.

 

please advice

 

 



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 9 Replies

R.Ramachandran (Advocate)     30 July 2018

You say that the bank has filed 3 cheque bounce cases against you.  Have you engaged any lawyer so far?  If not why not?

For your house loan problem, the injunction case by your wife etc., have you approached any lawyer?  If not why not?

1 Like

Krishna   30 July 2018

Dear Ramachandran, In your reply there is no reply, when he is seeking guidance you are questioning him. either he is unaffordable to get a lawyer or seeking a 2nd opinion
1 Like

R.Ramachandran (Advocate)     30 July 2018

Without knowing what he has done so far, no solution can be given.

In any case, what is the solution, according to you?

abhishek sharma   31 July 2018

so far cheque bounce cases are concerned it is a bailable offense. you simply engage a lawyer and approach court with your surety and get bail.
1 Like

R.Ramachandran (Advocate)     31 July 2018

@Krishna: Why have you gone silent?  What is your solution?

Kumar Doab (FIN)     01 August 2018

Due to injunction order lender cannot sell, till IT is in force.

Either find buyer and sell at market price (best option) with permission of court

Also ask around and you may find financiers that come forward in case of such properties and settle terms before you agree or sign on any document.

 

Or pray to court to allow to sell…and dispose off the liabilities..

1 Like

Kumar Doab (FIN)     01 August 2018

Discuss in person with a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family/civil  matters  ( best recourse) and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL civil courts, HC……

You can also approach seasoned PIP and help groups at your location or their representatives/volunteers at your location…

If eligible try for Free Legal Aid..

1 Like

Kumar Doab (FIN)     01 August 2018

You have posted same query in many threads;

Try to approach a very able counsel as already suggested and get out of the mess..

1 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     02 August 2018

1) cheque case get an expert advocate who won cheque cases than only you can win it othersied not.

 

2) injunction can be get vacated but advocate will be needed.


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