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rajesh (self employed)     08 October 2022

Property on auction..

Sir,

I took a loan of 10L for house renuvation, I paid 6 years and later I lost my job and  father's cancer treatment and one after another i faced lot of personal and financial issues, I'm unable to pay dues for 4 years. But overall i paid 12.5 L. They send a notice to pay dues. I went to the bank and negotiated them. Immediately next week they sent a legal notice " Demand notice under subsection 13 of securitization and reconstruction of financial assets and enforcement of security interest act, 2002"

statement dues details:

  • Outstanding EMI 6,48,196
  • Additional interest - Rs. 3,33,357
  •  Incidental charges - Rs. 13,755
  • Total  - 9,95,308

My details:

  • Loan taken : 10,00,000
  • paid :12,53,000

Today, Bank Manager said you have 50 Days' Pay before that other we'll do action on the property. Kindly give me your advice.

Thanks in Advance

-Moorthy



Learning

 7 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     08 October 2022

You shall repay the loan amount to the bank otherwise the bank goes for auction of the property under SARFAESI Act. 

R.K Nanda (Advocate)     09 October 2022

take stay order from DRT against bank and request court to grant time to you to pay due amount in instalments otherwise bank will auction your property.

rajesh (self employed)     09 October 2022

Thanks sir,

My father passed away, now my sister files the case against me for property share as civil case what will happen.

The civil case goes for another 5 years or we draging more, during that time will they do auction or come for negotion? 

Kindly advise.

Thanks

-Moorthy

 

P. Venu (Advocate)     09 October 2022

Why you are posting piece-meal? Please post complete facts that a meaningful suggestion is possible.

Shashi Dhara   09 October 2022

Make bank as party in that suit jointly repay the loan .bank will defend in court.

 

Sidhhi   10 October 2022

First consider advice of RK Khanna to save property from auction. Your sister being a legal heir in absense of a Will will have equal share in it.

P. Venu (Advocate)     11 October 2022

If you had taken the loan, how is it that the property is vested with the father that your sister is claiming a share in it?


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