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cgprasad (programmer)     25 March 2011

pagadi system property attachment

Hello

Can there be a mortgage loan sanctioned on pagadi type property. Can attachemnts order ( for recovery) applicable on pagadi type property.

 

Thanks

Prasad



Learning

 3 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 March 2011

No loan will be given so no attachment.

cgprasad (programmer)     25 March 2011

Thank you.

But the fact is that , the loan was sanctioned on this room , ina chawl , which is on pagadi system. Rent amount is paid to the lanlord on an annual basis. The credit society sacntioned a loan on some hypothecation agreement. Now the recovery / attachment order is also passed. Although there are some discrepancies in the same. A writ petition is also filed in the High Court Bombay, which is kept for hearing on 28th of march 2011. But as per the DDR an attachment / recovery is supposed to happen on 26th march 2011.

 

I wish to understand how willthis recovery procedure be taken place, when

1. The property is on a pagadi system

2. A writ petition is pending and will come up for hearing in the Bombay High Court.

 

Or is it that the credit society is just harrassing , so that we don't approach the High Court.

 

If you could advice on the same.

Thanks very much for you prompt reply.

Regards

Prasad

bhagwat patil (Property due diligence 9422773303)     26 March 2011

when the officer from society will come to your house just tell them you had approched to HC AND THE DATE ID FIXED 28.if he possess little bit legal snese he will stop the procedure.or otherwise before 26 go to ddr and society with writtten application and take the oc. they have to respest the HC procedure.othrwise face the legal concequences.


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