Whom you are selling the property and if the suit is pending and if there is a stay you will not be able to sell the same. You can recover the same through suit only

1. As per the information mentioned in the present qiery, makes it clear that the suit is not time barred as the period is still pending.
2. When there has been a period of some years for the repayment of the same then how it is possible to say that the claim is time bar.
3. You just have to show your intention to prove that you tried few times to get the same back, but didn’t get anything.
4. I will have to go through the agremeent before answering the last question by you sir. 

For enforcement of mortgage the period of limitation is prescribed as 12 years from the date the debt becomes due according to Art.62 of Limitation Act

2) you can take legal proceedings to recover your dues  on basis of mortgage of property by the borrower 

See the bank can file a suit of forrclosure to enforce the mortgage as for mortgage the limitation is 12 years.The right of foreclosure is a right available to a mortgagee to recover his outstanding money. This right is available under Section 67 of the Transfer of Property Act, 1882. After the principal amount has become due, and before payment of mortgage money by mortgagor or before decree of redemption has been passed by Court, mortgagee has a right to obtain a decree of foreclosure from the Court. A suit to obtain a decree that a mortgagor will be absolutely debarred from exercising his right to redeem the mortgaged property is called a suit for foreclosure.

1. You can file the mortgage suit for selling the property.

2. Once the property is sold and the sale price did not meet up the loan amount then a fresh civil suit for recovery of money can be filed.

3. The imitation for the fresh suit for recovery of money will start from the date of sale of the mortgaged property. 

1. You shall have to now file a mortgage suit befoire the local Civil Court  for enforcing your right on the property mortgaged with you against the unpaid loan provided by you.

2. You can not sell the said property unless directed by the Court and once you have been directed to enforce your right on the mortgaged property by selling it at the offered price to recover your dues, then there will be no question of the suit's becoming invalid.

How come the property documents became time barred ? what this mean. Mortgage suit limitation is 12 years. It`s secured loan, why don`t issue notice u/s 13(2) of the act. 

You cannot sell property by your choice, auction will held acc. to market price, if auction failed than price will lowered. And rest recovery through recovery suit in civil court.

If the auction amount do not fetch the total loan closure amount, the bank may look for any other assets in the name of the borrower or for recommending waiver of balance amount or approach DRT under sarfeasi act.