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radhakrishnap (student)     02 November 2009

sale of property by auction

as banks can recover their debts by auction of property mortgaged with them. is it possible for private individuals to recover theri debts by auction of property for amounts due to them if they are having a charge on the property? and in custody of the property papers? if possible how should this be done and what should the creditor take care of?


 3 Replies

saumit joshi (advocate)     02 November 2009

under execution proceedings court can order the auction of the property as may prescribed by the CPC. 

radhakrishnap (student)     02 November 2009

Thanks saumit,

if ececuted do people actually turn up for such auctions any care to be taken against false bidders?? and how long would it approx take for exectuion?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 November 2009

There is no distinction before law and private person can also get his decree eecuted like banks and all other Govt, institutions.

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