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abhishek kr   06 January 2017

Drt property attacmnet notice

Sir,

My father was borrower in a loan which is secured by a 3rd part guarantor.

Father lost his business and had bank loan got default. He sold his paternal property share to some one to pay his loss occurred due to business closed. The property he sold was a paternal property in his name and his brother.

After he sold that property I have decided to buy that property from that person my father sold the house 50% share. I don’t live with my father.

Now that bank has sent a property attachment order through DRT. While asking the bank they said when your father has taken this loan he declared that this property half share belongs to him in asset liabilities declaration on loan application form.

 

 

I have sent a copy of sale deed in my name of the nodal officer DRT of the bank and informed them about this fact.

Please guide me I hope DRT cannot attach this property as the same is now registered in my name and it is jointly with me and my uncle.

 

 

 

 

My father was borrower in a loan which is secured by a 3rd part guarantor.

Father lost his business and had bank loan got default. He sold his paternal property share to some one to pay his loss occurred due to business closed. The property he sold was a paternal property in his name and his brother.

After he sold that property I have decided to buy that property from that person my father sold the house 50% share. I don’t live with my father.

Now that bank has sent a property attachment order through DRT. While asking the bank they said when your father has taken this loan he declared that this property half share belongs to him in asset liabilities declaration on loan application form.

 

 

I have sent a copy of sale deed in my name o the nodal officer DRT of the bank and informed them about this fact.

Please guide me I hope DRT cannot attach this property as the same is now registered in my name and it is jointly with me and my uncle.

 

 

 

 

 



Learning

 3 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     06 January 2017

DRT can attach it on basis of osition at the time of giving loan.

 

You have to fight the case on technical grounds.

abhishek kr   06 January 2017

Sir,

Does law says that one cannot sell his assets after taking  aloan from bank.and that too the same was not mortgage with bank.

As per your statemnet person cannot sell his proprty or any assets after taking bank loan ?


(Guest)

Sir,

Kindly show your documents to a counsel who specialises in such cases. If you are in Delhi then maybe I can help you.

Regards,
Rit Arora
Advocate
7838737001


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