Possession of household goods after physical possession
joydeep chatterjee
(Querist) 02 May 2014
This query is : Resolved
After giving paper publication informing date for taking physical possession recently we have taken physical possession of a mortgaged property(from Bank).During possession the residential house there was nobody and the house was full of household goods & belongings.after that we have kept all the goods & documents in two rooms under lock & key of Bank.post physical possession we have given another paper publication informing the borrower to collect their household goods & belongings within 30 days from that date of paper publication otherwise bank would auction it.Nobody turned up to collect the same after expiry of more than 2 months.
Now what Bank's right on those goods?Can Bank sell/ auction those goods which are not Bank's secured asset?
Dr J C Vashista
(Expert) 03 May 2014
It is the bank to take a decision on the goods kept in the premises possessed by you.
Let the bank may dispose of the household goods kept there in the purchased property over which you have no right. Ask the bank to remove the same from your property.
Guest
(Expert) 03 May 2014
Bank cannot sell or auction other's property, where it has no lien. Any such action may bounce back on you, as even a notice through paper publication cannot give the bank a right to own non-mortgaged property of the real owner. Even possession was not taken from the owner in his presence, as that was taken only after paper publication. There may be some problem with the ower and would have gone somewhere due to that problem or the owner might be thinking of takeng some remedial action against the bank's action to acquire possession in the absence of owner.
However, for household (non-mortgaged goods) you could have tried to contact the mortgager owner at his present address and asked him to take possession of the household goods.
Sankaranarayanan
(Expert) 03 May 2014
I agree with sri dingra. Banker have no right to auction the things.
Sankaranarayanan
(Expert) 03 May 2014
I agree with sri dingra. Banker have no right to auction the things.
Rajendra K Goyal
(Expert) 03 May 2014
Whether the inventory of property in presence of acceptable interdependent witness was prepared before removing the property to two rooms?
Bank should have obtained court orders in the matter for such property.
Whether the Bank's mortgage agreement clause contained the word movable and immovable property in the premises?
However, you should ask the Bank to remove this property on acknowledgement.
Advocate. Arunagiri
(Expert) 03 May 2014
You have mentioned that you have taken the physical possession from the bank.
1. Is it through an auction?
2. What is the description of the property mentioned by the bank while auctioning the property?
T. Kalaiselvan, Advocate
(Expert) 06 May 2014
Actually the bankers should have handed over the vacant possession of the house property, if the goods of the debtor is still lying in the premise ask the bankers to vacate them and keep it under their custody elsewhere or else you will be unnecessarily held liable for the loss of household articles on the basis of complaint by the debtor.
dr g balakrishnan
(Expert) 11 May 2014
sir, you have made a mistake publishing about immovable properties in the property bank sold by auction to you as mortgagor did not pay the bank loan, may be, but under constitutional law,Art 300 A after amending Art 31, 300 A is also treated as a fundamental right by various judgments;
so the mortgagor liability to mortgagee (
bank here) is some new concept unlike in past, when any time mortgagor turn up and claim property by paying to the mortgagee what is due that way property was only in mortgagee custody only;
but today every law underwent changes in the name of making things better but in fact worse is the fact;
mortgagor can retrieve anytime idea is lost for ever by so called statutes which are really questionable by judicial reviews to set aside even any statute why even constitutional amendments!
Bank is definitely responsible to mortgagor at all times; there is no time out principle in mortgaging under any system, as mortgagor mortgages his property as he did not have funds to live a normal reasonable life, so he mortgages his properties with clear intention to retrieve, so banks do by audacity of arbitrary nature which no common law principle could ever accept!
Banks need have to keep the property on mortgage with them till mortgagor comes back to take it, that is proper natural justice, not audacity of arbitrary procedure now adopted;
Liability of bank never ceases if courts allowed them to auction, as courts failed in their common law practice that is assured by fundamental rights of right to property under Indian constitution, as long as this constitution is not repealed by a new constitution that could never be possible!
so rights of individual rights do prevail, as even taxation laws are amenable to Art 265 !
so he may surface any time by hiring powerful advocacy to question banking system, as governance by governments had so far failed miserably!
My only suggestion to bankers do not be suffer from audacity of arbitrary behavior!
My advice to buyers never buy the auction properties, as you also one day might turn out to be landing in similar predicaments; let banks suffer whatever sins they commit joining hands with bad government bad governance!
so be cautious to protect the immovable property you bought from bank keeping your fingers crossed till final solutions emerges!
