Senth recovery Senth recovery

11 months ago

My father is garranter in bank loan of my relative
My relative are not willing to pay the loan
The property modgaised in bank is of government lease
I want to know can bank give loan on leased propert
And what can I do to save my self
Thankyou

Legal Counsel Vidhikarya

Responded 11 months ago

View All Answers
A.Dear Client,

Until and unless a NOC is issued by the Lessor of the leasehold property, Bank cannot sanction a loan against the mortgage of said leasehold property of the Guarantor. So failure to repay the loan on the part of Loanee, the Guarantor is responsible/liable to repay the loan as per terms of the loan agreement Bank may recover the loan by applying the Securitization of Interest (SARFAESI) Act, 2002, AND recover the outstanding loan through the auction of said leasehold property in which Lessor got the first charge and Bank thereafter.

Better negotiate the matter with the Bank opting One-time Settlement Scheme or otherwise to save your father's property.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 11 months ago

View All Answers
A.Dear Sir,
First ask your father to get back his guarantee-ship and ask the Bankers to get another guarantor from the principal borrower. Normally, loans are not sanctioned on the leased properties.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconTook money based on lies
Dear Client, In the given scenario, you can serve a legal notice to the person to whom you lend your money and if you possess sufficient proof in support of your claim you can file suit for cheating a...
question iconHand loan recovery
Dear Client, Sorry to inform you, that in the given situation, the chance of getting back the money that your friend lent to his friend is not feasible and appears to be almost impossible even through...
question iconCredit card
Dear Client, You can try to negotiate a settlement of your credit card dues with the Banks on your own if your pocket permits and the bank agrees, but sometimes it's typically done through third parti...
question iconHarrassment and verbal attack on personal misfortune by Bajaj Finserve TVM
Dear Client, As per the contractual obligation you are bound to repay the loan but the creditors have no right to harass you to recall the amount, there are rules set as per RBI guidelines as to how...
question iconComplaint regarding not refunding fees.
Dear Client, It's essential to communicate clearly with the center about your request for a refund and to provide any necessary documentation, such as receipts or enrollment agreements, to support y...