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Bank take order from DM office for possession of under trial property
08-Mar-2023 (In Banking / Finance Law)
I have one property in indirapuram ghaziabad, on this property I have the 3rd registry taken through axis Bank home loan. Now this loan is closed. But during loan period someone fraud has taken home loan against this property now financial bank has take possession on order br DM office. This case is already in drt lucknow. My question is that is it possible that in under trail case, bank can take order from DM office to take possession of property. Please support .
Dear client,
As per your question as it's a fraud upon you then bank cannot do so over your property. As you are the owner, your property can be saved but for that your documents and more facts need to be known. You can contact me for further discussion.
As per your question as it's a fraud upon you then bank cannot do so over your property. As you are the owner, your property can be saved but for that your documents and more facts need to be known. You can contact me for further discussion.
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Hello dear,
If it is a trial then it means a criminal complaint has been lodged before the court , one cannot move to any other authority till the matter is in the court. However if you are in a phase of anxiety then you should contact with a local attorney and get a civil remedy in the form of injunction suit.
If it is a trial then it means a criminal complaint has been lodged before the court , one cannot move to any other authority till the matter is in the court. However if you are in a phase of anxiety then you should contact with a local attorney and get a civil remedy in the form of injunction suit.
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Adv. Abhinav Gupta
Kanpur | 25+ Answers
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You need to contest the case properly at DRT Lucknow and contend that since the loan is closed and the portion of property is legally in your name therefore the action of bank for auction order from DM is illegal and the same can be stayed by order of PO of DRT.
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Adv. Ashish Agarwal
Lucknow | 100+ Answers
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Dear owner until you get the stay on the DM orders you are in no right to posses the same property hence you will have to get the order stayed first and think of any other consequences. The emphasis need to be put on the trail court for staying the DM orders and settle the matter of the dispute
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