Advocate Basukinath Mishra

Questions Answered by Advocate Basukinath Mishra

Q: Remedy as account statement not showing cheque return or dishonor

Is it possible that cheque is bounced and not showing in account statement and neither any message nor any notification is there?

Advocate Basukinath Mishra answered
There is some wrong with your bank. kindly contact with your bank. As per provision after returning / bounce of a cheque same will be duly communicated to the account holder. if you have not been communicated either by massage or by statement of account it is fault of your bank and you can take appropriate action against the bank for your lose (if any).

Q: Will permission of co owner be taken when bank is selling the property

Sir My brother and i have joint property which is mortage in a which mutual consent,2years back my brother account has been classified as npa now by ots scheme bank is doing settlemnet with him as he has taken loan, he is providing a buyer to bank of the property, can bank give the property without my consent to the buyer as this is not an auction its a settlement

Advocate Basukinath Mishra answered
when the said property was mortgaged, the concerned bank was required to sign the mortgaged deed with you also as well as your brother as joint ownership in the property. case as stated you have not signed any such document. there is no meaning of oral consent. now bank can not sell the property without your undertaking for the same. joint property can not be mortgaged by single owner. if you are guarantor or you have signed any mortgaged deed your liability is fixed as your brother then bank can sell the property with due process of law only.if you are aggrieved from any action which is not in your favour either with your brother or the bank you can consult me.

Q: Can the instalments of loan be postponed with consultation from bank

My wife is availing loan from bank for 3 lacs and she has lost her job due to pregnancy. I am also unable to pay her loan since i also availing some financial commitments. Is there any option to pay bank after pregnancy when she is able to join her service. can we request bank for stoppage and extension for 1 year of loan repayments

Advocate Basukinath Mishra answered
Dear,you must approach the bank for solution first. write him a letter and make a request.if bank deny for any help or failed to short out your problem let him do which he think better. mean while try to make installment regularly.

Q: Complaint against person for torture and harassment by parents

Dear Sir/mam My parents are torturing me everyday for one or other thing. What can be done in this case. Please reply to my query at the earliest. Please help

Advocate Basukinath Mishra answered
torture and harassment by parents is a very bad situation for a person. it suffers social as well as family reputation, however if you are major to take decision you must call a meeting with your will wishers, relatives and try to find a solution. if the situation is going on and can not be resolve you must approach the concerned authorities like police/court.

Q: Will there be a legal action against me if I don't pay my loan

Mene ek laon liya tha 2 lack Ka ab me usse pay Nahi KR pauga bank ne.mizhe selery account me laon Diya tha Bina Kisi warranty ke ab Mera selery account change ho chuka hai or job BHI bank ke pass Mera Jo home address hai wo change ho chuka hai . Agar me bank Ka paisa vapas Nahi karta to iss situation me bank maximum kya KR Sakta hai

Advocate Basukinath Mishra answered
Dear,what i understand, as per your narration it looks a personal loan which has availed by you from any bank. after all if you are not paying EMIs regularly for three three months the bank will declare your account as NPA and you will be serve notice before initiating recovery process at your given last address. if you will fail to comply the same bank will initiate Civil as well as Criminal action against you such as Civil Recovery and Cheque Bounce Cases under 138 NI ACT.