Legal Question in Banking Law in India

drt -has direted thebank to attach

DRT has direted the bank to attach the property of the guarentor, ( not mortgauged) as there is nothing to recover from the borrower as of now. whatever theproperties mortgaed has been sold and paid the entire proceed to bank, and for the remaing bal due thebankers have got orders for attachemnt ofgurantors property. Is there any whythis senior citizen, who has no body to take care, how he can save the property, as a guarantor?


Asked on 7/01/09, 12:30 am

7 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: drt -has direted thebank to attach

contact a banking/drt practitioner.

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Answered on 7/01/09, 2:53 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: drt -has direted thebank to attach

That is what is called the guarantor in case of non availabilty of funds to pay off the debts by the borrower then the guarantor's role will be started.

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Answered on 7/01/09, 5:11 am
Pravin Vaidya Independent

Re: drt -has direted thebank to attach

I agree with the views expressed by Mr. J. Radhakrishana

Pravin Vaidya

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Answered on 7/03/09, 12:45 pm
J. Radhakrishnan independent Practice

Re: drt -has direted thebank to attach

The Bank's dues have to be paid. Merely because the guarantor is a senior citizen, bank cannot write off the debt. The DRT was in order in directing attachment of the guarantor's property. Only way is to write and meet the bank people explaining your plight and requesting them to give some concession and settle the debt.

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Answered on 7/01/09, 6:31 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: drt -has direted thebank to attach

I agree with the above opinion of Attorney Mr. J. Radhakrishana.

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Answered on 7/01/09, 6:51 am
Pranav Desai PD Legal & Associates

Re: drt -has direted thebank to attach

He can pay of the remaining dues to the bank. That.'s the only way out

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Answered on 7/07/09, 3:17 am

Re: drt -has direted thebank to attach

Merely because a person is a senior citizen he cannot escape from the liablity of guarantor. In case your property is sold and amounts recovered, you could consider taking steps for recovering the amounts from the borrower if there is any property. Alternatively you could also find out the details of any other property of the borrower and request the bank authorities to proceed against the same instead of your property.

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Answered on 7/01/09, 11:25 am


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