I am going through Divorce case, I had filed 3 years back. I could not pay bank loan for a year. House is in my name and loan too. I had taken home loan in 2004 and took a top up loan in 2007. my wife was second applicant in top up loan.
in 2013 bank has sent the SARFAIC..notice, wife had moved to DRT. court ordered her to pay outstanding 4.5 lakhs, she paid on both loan accounts 50%-50%.
again after a year, because of no payments, she moved an application to court to restructure loan.
I have few questions:
1. is case still valid and live? she moved to DRT against sarfaesi act, >> court orders to pay, >> she paid, no action was taken by bank as per court's orders then.
2. if case is live and open and valid, Being a third party to main home loan, can she ask to restructure home loan?
3. can anyone or any third party pay for loan outstanding, to bank, in DRT court?
4. Can DRT order to handover house papers to her, if she pays full outstanding and asks for papers.
Help and guidance is must for me please.