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Priya Mengaji (Advocate)     25 January 2018

Possession Notice

Hello Respected Counsels, I wanted to understand the time frame and the process that the Bank would follow in case of auction of property after default by the mortgagor. 1)1st demand notice served in Oct 2017under section 13(2) Rule 9 of security interest Act 2)symbolic possession Notice under section 13(4) pasted on the premises in January 2018 What would be Banks next process ,notice in paper but what about physical possession of the property.The main borrower (sole owner)is out of India and unresponsive ..the Wife who is co-applicant in the loan has no legal standing for now .The Husband and Wife are in process of legal seperation. What can the Wife do in such case ,how much time does she have to move out from the premises ,will the bank inform her or seal the house without informing her ? Thanks & Regards Priya M


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 1 Replies

Adv. SIddharth Jain (Advocate )     25 January 2018

please share a copy of possession notice at isidjain1@gmail.com.
I'll be able to guide you further after that.

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