Dharshan (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.

please advice

Reply Follow

3 Replies

Siddharth Jain 30 July 2018

you should contest the cheque Bounce case and take bail there otherwise non bailable warrants would be issued in your name. contesting the cases would buy you some time to settle with the bank, else you would be sent to Jail.

1 Like

Kumar Doab (FIN) 01 August 2018

You have posted same queries in many threads;

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..

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..