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S S ravi (service)     24 June 2012

Limitation barred- coratal property.

I have taken bill purchase facilty from nationalised bank in 1999 of Rs.4 lakhs and provided my residential premise as colletral security but due to heavy financial losses i couldn't clear the bank loan I taken against bills & colletral security.  In the years 2005 I pad Rs.1.50 under OTS and balance amount in 12 installments in one year but due to financial problems i not cleared the pending OTS amount. From last six years I have not received any response from my bankers. Wheather bank can file suit against me to recover dues as my colletral security is with bank or loan is now Limitation barred. My financial position is very worst , Kindly response in the matter.



Learning

 2 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     25 June 2012

The Bank can recover the loan by using the provisions of the SARFAESI Act. You had provided your house as the guarantee and the bank can take possession of your house and auction it. You should not stretch your finances to include the house you stay in.

You may be unable to do much if they come to take possession. It would be advisable that you approach the bank and settle the issue once again and this time do settle the loan. It will help you to stop going further down financially.

 

S Jadhav

Prasun Chandra Das (Banker)     25 June 2012

Limitation for equitable mortgage by deposit of tiltle deeds is 12 years from the date of default/the money becomes due*. Pls see if this this applicable in your case.

*I may be wrong in "from the ...." part. Members are requested to correct me if I am wrong.


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