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k.n.VIJAYAKUMAR   16 October 2019



Sir  s

I gave a loan on for 10 lac to my friend.9 years ago. Out of which 9 lac I gave on stamp paper . I got a property mortgaged for 1 lac .

My friend is absconding for the past 5 years.

Can I put a case against him,? It is possible to get a decree for the property to sell & recover?

Thank you .



 5 Replies

Shashi Dhara   16 October 2019

Within 12 years you have to file suit for mortgage.

G.L.N. Prasad (Retired employee.)     16 October 2019

Who is in the occupation of the property and since when and on what basis? Whether the lender is having a legally valid title to the property? Immediately contact a local advocate and file a suit and entrust the tracing of the borrower to a private detective, as summons has to be served and the newspaper advertisement is the final stage.  Also, inquire with the police whether any missing cases were filed and its outcome.  

Whether 9 lakh loan and Rs.1 lakh loan are separate or not was not stated as the limitation period fo promissory note loan and mortgage are separate unless there was a separate memorandum or such letter.

k.n.VIJAYAKUMAR   17 October 2019

Respected sir,

Thank you very much for your reply. Sit it is an open plot, it is not in my possession. I gave 10 lac in onego, . 9 lac I had taken a signature in bond paper & only. He had given signed undated cheques also.

For 1 lac I had taken the mortgage of the plot.

This man had even pledged his house to a bank, taken a lot of money & absconding. The bank is in a fix as they could not sell the house due to a govt notification. This is the address he has given to bank , me , & others. He has kept a tenent there but they are tight lipped. Can we paste the summons , notice in his house?& run the case? 

Thank you very much sir





G.L.N. Prasad (Retired employee.)     17 October 2019

As suggested, Contact an advocate and first take possession of the plot and erect boards that it was under mortgage to you.  (What kind of mortgage is not stated ?)  Keep in touch with the bank for getting his address.  In modern technology, it is not difficult to trace any person.

Shashi Dhara   17 October 2019

The person has intentionally previous planned to cheat every one with fighting with this types of guy is fighting with carefully proceed .

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