Community › Forums › Legal Advice India › My mosaji left my mosi with a huge home loan. Flat about to be auctioned. Need Help.
- This topic has 5 replies, 6 voices, and was last updated 1 year, 4 months ago by
Mightysaachi4286.
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UUser_3629d976
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February 15, 2025 at 10:50 amSince long my mosi was facing domestic violence by my mosaji and in 2021 other family members caught him and from that day he left the house (they are living separately but they haven’t divorced). They were living in a flat that was on loan, the loan was not paid and now the bank is going to put that flat on auction on 20th February. My mosi doesn’t have any source of income and her children are in schools. What can de done to avoide this auction for some times ? -
MMightysaachi4286
PARTICIPANT
February 15, 2025 at 11:08 amU can take file an FIR along with all the proofs and then you can file a case for STAY in the court. It wonβt guarantee the ownership but she might get some time -
FFierceanirudh9723
PARTICIPANT
February 15, 2025 at 11:10 amIf the flat is in your mosiβs possession then stay put. No buyer in their right mind will buy the property. -
RRapidknight4404
PARTICIPANT
February 15, 2025 at 1:36 pmyour mausi can get good alimony and maintenance, use the laws which were made for this reason… -
SSamirdude643
PARTICIPANT
February 15, 2025 at 3:31 pmFile a suit for injunction and the domestic violence complaint. Also file case in Debt recovery tribubal -
CCleversajal8453
PARTICIPANT
February 17, 2025 at 4:14 amMy sympathies with you, but the information is insufficient.
Is this a scheduled or a co-operative Bank? You will have to check all the details, see if SARFAESI has been invoked and what process has been followed.
Civil courts may not be able to intervene, and you may have to approach the zonal Debt Recovery Tribunal.
Approach a local lawyer with all the notices and the mortgage deed at the earliest.
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