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Ownership declaration or partitions


29-Aug-2023 (In Property Law)
Husband had 1self Aquired property living with 1st wife and 2children(both major). Also had 2nd wife living in nearby locality with 2children(both major). Husband health condition was critical. Suddenly the husband was taken as captive for 2months by 2nd wife and The property has been transfered to 2nd wife who is living in nearby locality without the knowledge of the 1st wife who's is living in the scheduled property. The husband died within 20days from the date of giftdeed. The deed has been challenged by 1st wife who is in possession. The same property had been mortgaged in apex bank by husband for Rs25lakhs during his life time. Bank held the property for auction due to non payment of loan by both the parties. 1st wife paid 25%of loan to re-call the auction.  Now what is the legality for ownership of first wife, 2nd wife and the bank.
Answers (1)

Answer #1
762 votes
you have not cleared the loan amount within the stipulated period bank has without information Bank cannot auction the property property is auction by bank the property is transferred transferred to the auction purchaser afterwards you have no right title and interest in that property otherwise you can purchase the same property in auction
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