1)bank could not have released the mortgaged land unless loan was repaid

2) it appears fraud has been committed by bank in collusion with buyer

3) your father continues to be liable to repay the loan amount

4) hence bank can take recovery proceedings against your father too

5)you have not mentioned whether your grand father had any other children besides your father

6) they have equal share in said house .

7) they should contest the recovery certificate issued for attachment of grand father house

8) contact a local lawyer

9) amicable settlement is best option

1. It seems that a decree for recovery of money was passed in favour of the bank and against your father, and in execution proceedings the property of your father has been ordered to be attached by the executing court towards the execution of the decree. A property which was not mortgaged by your father could have been attached only in execution proceedings before the civil court, which is preceded by a favourable decree at the trial in favour of the bank as you did not contest the suit.

2. Now immediately file your objections in the executing court, and if there is an ex parte decree in favour of the bank then apply for setting aside of the ex parte decree.

your father has 50 per cent share in property

2) brother widow and 2 kids can file intervenor application in DRT before recovery officer for setting aside attachment of property

3) bank can sell 50 per cent share in grandfather house

Sir , your uncle can file a suit for permanent injunction in the civil court. He can also approach DRT( debt recovery tribunal ).. Once the stay will be granted bhi the court you will have sufficient time to pay the pending loan amount or to arise a settlement with the bank

First check the status of case .

In the Grand fathers property, your father has only 50% share right in the property. Meet a n assistance of local lawyer to file objections in the present case.If your father is exparty in the case then file petition to set aside exparty order. Also insist your fathers brother's widow and kids to file claim petition over joint property

1.First you will have to takeinformation on the attachment notice.

2.unless you know the case details no further action on the said suit can be taken.

3.if the house was never mortgaged with the bank the bank can not attach it.

4.However if your father ah any previous loan which was not repaid and the court passed a decree on it then the bank to recover the decretal amount can attach the proeprty.

5.However since the house appears to be a joint proeprty then apart from your father other co sharers have also share in it in which event if they oppose the auction sale of the house would be stopped by court.

We are not sure how to deal with this or what can we do.

Seek advice from an experienced professional to direct us in the right direction and also hopefully take up the case and handle this for us.

Without having the details of the house property namely the title document etc, the bank cannot take any action for recovery of money by taking possession of this property in lieu of the bank loan.

If the bank manager has done similar frauds, then he should have been suspended by now for this offence.

I understand he is liable to pay the loan and I will try to reach a settlement when we could. But what avenues the government have for enforcing a recovery when he does not own any property? Is there an option to seek a stay on recovery orders to buy some time to settle things with the bank?

The bank cannot initiate any action for recovery of loan on the property which is not on his name.

if you want to repay the loan you may ask an audience with the bank manager and discus with him the possibilities for restructuring the loan and allotting an easy EMI scheme for repayment

1. Your father had deposited the original title deed of the land with the Bank and as per law all standing upon the said mortgaged land presently and also in future will be considered as mortgaged with the said lending bank. If the house is on some other land then the same is not mortgaged.

2. However, if the said house stands in the name of your grandfather who was not any party i.e. borrower or mortgagor to the Bank then the said mortgage is bad as per law.

3. If your father is the only legal heir of your grandfather's property, then the bank can claim attachment of the said property which is not mortgaged but if your father has brothers and sisters, then they can claim their share of the said property.

4. Enquire how much is the outstanding amount and then negotiate with the bank for one time settlement which Banks are presently accepting and then negotiate for selling the said land after vacating the occupants and pay off the dues.

1. Your father is one of the two legal heirs inheriting 50% share oif the said house.

2. The balance 50% of the said house is inherited by the wife and 2 kids of your late Uncle.

3. The bank can not attach the entire house.

4. Ask your Aunt to file an application before the said Court passing the attachment order for herself and her two kids claiming 50% share of the said undivided and undemarcated house for which the said house can not be attached and sold by the bank for recovering the dues of your father.

5. She can easily get a stay order against the bank and in the meantime, you can settle the matter with the bank.

Ask the family living in that house to challenge such recovery order as the property does not belong to the person against whom recovery is to be made.

Regards