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Reetu Thakur   14 April 2023

Personal loan recall

Hello All,

I have taken 2 personal loans of 2 lakh rs from icici bank and due to financial loss I was not able to pay the emis for 5 months. Post then I kept paying the emis but banks has sent recall notice to my previous recidense and are saying they will obtain the property which does not belong to me or my immediate family but is of our relatives. I asked them for a settlement (can be paid in 4 installments) but they don't agree for that and saying to pay before 25th APR which is not possible for me. Can you all please advise if bank can actually do that and is the property that belongs to my relatives will they have any right over it? Just because we use to live their on rent.



Learning

 3 Replies

Real Soul.... (LEGAL)     14 April 2023

 If the property does not belong to you and neither is in your name, they can do nothing with it. They are just pressurizing you. Legally speaking they have no right to even touch someone else’s property.

1 Like

T. Kalaiselvan, Advocate (Advocate)     14 April 2023

The bank cannot take possession of your property or anyone's property just like that as they threaten 

You can issue a legal notice to the banker and instruct them to restrain from indulging in such activities.

If at all they have to recover the amount the legal avenues are open, let them approach court for filing a money recovery suit.

Sudhir Kumar, Advocate (Advocate)     20 April 2023

Let the woner of the [property call police when they visit the property.  In the meanwhile you can give them a notice clrifying the psoition.

However you have not made clear whether you have paid all the pending EMIs(as you could nto pay for 5 months)  or startd pyng after 5 months.

 


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