Legal Question in Banking Law in India
I have taken 2BHK house for lease by giving 5 lakhs for a period of 3 years (in the year 2008 January). Now one of the Bank has come up saying the house owner is a defaulter to the bank (some house loan which is not been paid) and now the Bank wants to put the house on auction. Now my question is, from whom I have to get my lease money as still my lease period is not over. Whether I can stay back in the said place till the lease period expires. Please enlighten me about this issue.
2 Answers from Attorneys
If u r inducted in d flat after mortgage then ur tenancy is not protected by law. In such case u can file the recovery and damages suit against the landlord
If you got the lease after mortgage to the Bank, you cannot resist the Bank from taking possession of the propety. You will have to recover the money you paid to the landlord only from him .
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