They will give notice and then possess the property and auction it off. You should pursue the case further and engage a lawyer for that.

They will issue you notice before auction. 

Ans:

You should approach the DRT under the SARFAESI Act or else you shall be barred by limitation.

If they auction the property, you might have to approach the court which orders the auction against you.

1. Depending on date, when the property was mortgaged, the Bank would initiate action on said Brother-in-Law (BIL) for recovery and ultimately Auction of property. You would not receive any summons /notice etc.... since you are not a party to the mortgage deed and the Bank does not know that the property was clandestinely sold by original owner, to you.

2. IF you are aware of the Bank, try to quietly find out details and it is possible that mortgage /lien must have been cleared /lifted ....

3. IF you are in physical possession of property for more than 12 years, THEN you can file local Civil Court Suit for declaration for possession and restraining orders on Seller party only, without mentioning about other details. Since the Seller is dead, the Suit would be decided ex-parte in your favor.

4. You can use point no. 3, in your favor, whenever Bank or anybody initiates any legal proceedings against the property. There is no other simpler solution, at the moment, in absence of documentary evidences /information /data.

1) if loan is not repaid by brother in law bank would seek to auction collateral security 

2) notice would be issued to you 

3) you can file application in DRT seek stay of auction proceedings 

4) try to settle with the bank 

If you are aware that a proceeding has been initiated against the said property, collect the details and appear to challenge .

Regards 

G.Rajaganapathy 

High Court of Madras 

Without acquiring legal rights in the property they will not do anything, if you have valid papers related to the property with full evidence in your favour then immediately approach the Civil Court for stay from the auction giving full details of apprehension.

They will send a you a notice before the auction. 

You may only take some action against the bank once they initiate the process and send you the notice under section 13. 

There is no point to initiate any action at this juncture on your part. 

Regards 

Don`t do anything. Notice of possession will issue. Your ground of challenge will be limitation. Fresh process will issue against you, which you can challenge as barred by limitation. 

you can file a interim relief application before DRT for stay on auction proceedings further.

1. Since your uncle lost in the High Court also the bank is free to initiate proceedings under SARFAESI Act and take the possession of the property.

2. Bank will issue notice under Section 13(2) of SARFAESI Act to demand the repayment of loan.

The bank will issue you a demand notice and allow you time for settlement before bringing the property into auction sale.

You can give a reply notice denying the allegations on the basis of buyer by a registered sale deed.

1. You can try to find out the whereabouts of rel borrower and inform bank to recover the loan by selling his assets. 

2. It will not be beneficial to file another suit in DRT or civil court.

3. Bank will serve a notice under section 14 of SURFAESI act for taking possession of property. Then go for auction.