Bank had not given possission to auctioneer the house

Querist : Anonymous (Querist) 05 January 2019 This query is : Resolved
An practiting advocte's wife permission given to bank to put auction her property which loan taken against it and bank was put that assesset in aution after completion of the auction while handover to auctioneer the ld pleader put objection his wiese unsoundl mind she put signature and given permission to bank, hence it misuse of power and he is not vacate the house give advise in this point of view

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Vijay Raj Mahajan (Expert) 05 January 2019
What advice, when the wife taken bank loan by mortgaging her property, she was of fit mental status and now when she gave her consent for auction of her property she has suddenly became person with unfit mental status.
The person objecting to the validity of auction should answer this first to the satisfaction of the court otherwise his objection has no validity in the eye of law. Let him bring proper medical reports and get court to order the medical examination done by specialist to confirm the unfit mental status that makes her giving consent for auction void.

Dr J C Vashista (Expert) 06 January 2019
At the time of taking loan she was perfectly all right but for refund she is mentally sick ???
What is your locus standie / concern to the property/ query ?
As an anonymous author you may not expect valuable advise/ obligation of experts as per rule of this platform.

K.K.Ganguly (Expert) 06 January 2019
1. It is the Bank which shall have to take possession of the auctioned property and handover to you.

2. Ask for the refund of the amountbpaid by you with intertest.

3. If the Bank refuses to refund the money, file a Writ Petition before the High Court against Bank's inaction which will ordered in your favour since there has been several High Court decisions in favour of the buyers in similar cases.

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