• What is the limitation time for suit for schedule bank

What is time limit for suit for schedule bank?
my grandmother died in 2004, and now bank threat me that bank will charge my property for  my grandmother dues in one account.I try to  find such account and as i got informations , such account was NPA in 2000 and in these account my grandmother is not party, i ask bank about these and bank officer reply me that my grandmother was partner before change in partnership constitution.
I also ask bank officer it is not possible for bank now to suit claim because now more than 12 years , he reply me that CO Operative bank have no limitation act for suit claim.
Please answer me for co-operative  schedule bank what is limitation time for suit claim?
Asked 1 year ago in Civil Law from AHMEDABAD, Gujarat

in Town Municipal Council, Athani v. Presiding Officer [1970] 1 SCR 51, Nityanand M. Joshi v. Life Insurance Corporation of India [1970] 2 SCR 396 and Sushila Devi v. Ramanandan Prasad [1976] 2 SCR 845 that the provisions of the Limitation Act, 1963, apply only to proceedings in "courts" and not to appeals or applications before bodies other than courts such as quasi-judicial Tribunals or executive authorities, notwithstanding the fact that such bodies or authorities may be vested with certain specified powers conferred on courts under the Code of Civil or Criminal Procedure.

2) the Co-operative Tribunal is not a court and that, therefore, the provisions of the Limitation Act are not applicable
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
the civil suit for recovery can be filed before the court within 3 years of the last cause of action.

so no need to worry, sit tight and wait and watch until any legal notice did not issue by bank to you regarding the recovery/demand of money.

The bank can not be file recovery suit for recovery after 12 years of the incident.

file RTI application before the bank and demand all the documents related to your grandmother or her firm.

Feel Free to Call for further assistance.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hi, as far as suit for recovery of money is concerned 3 years is the limitation, the bank will filed a suit on the  basis of Acknowledgement of debt taken at the time of sanction the loan and  after filling the date they will file a suit in your case your grandmother has died 2004 it self know they can't file a suit for recovery of money.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
limitation period shall be applicable against the bank because bank has right to recover dues from you. Generally in money suit (recovery of money) limitation period is 3 years but it can be enlarged by the court under section 5 of limitation act. 

after lapse of limitation period bank cannot recover its due. Its right has ceased to exist. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
1. For filing Civil Suit, the limitation period is 12 years for all including Co-Operative Banks,

2. For filing cases before DRT, the limitation is 3 years from the date of acknowledgement of debt.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
The limitation period is 3 years starting from the  last due date or last payment of default or the completion of loan period. In the present condition mention in your query it is very law chance for filing a suit by bank.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
If the schedule bank is proposing to file a suit for recovery of money(loan) through civil court process, then the limitation for mortgage loan is 12 years from the date of acknowledgement of debt. 
Whereas if the schedule bank is proposing to take up the issue though cooperative tribunal, then there is no limitation for this. 
File an application under  RTI  act against the  bank, demand all the documents related to your grandmother or her firm. After ascertaining the details, you may proceed to defend your case accordingly. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
This information if is in writing then very useful.

Wait and watch.

No need to worry
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
if your grand mother ceased to be partner in 1988 it would be difficult for the bank to make any claim against your grand mother estate after 27 years 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Hi, now the bank will not recover the amount as it is barred by law of limitation.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. It does not matter if your GM had left the partnership of the firm which had taken loan,

2. If she was the partner of the firm when it had availed loan, then she is liable to repay the loan,

3. Since the Bank has not raised any claim within the limitation period, the matter has become time barred,

4. Otherwise also you are not liable to pay your GM's dues unless you have inherited property from your GM value of which is equal to or more than your GM's dues.  
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Have you received any notice from Bank sofar, I believe you did not(?), so wait for the notice and decide next course of action which was already suggested to you earlier. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
From this statement it could be seen that the bank would not do anything against you for realizing the debt.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Was it a loan taken by a partnership firm in which your grandmother was a partner?

2. If you have inherited a property from your grandmother the bank can file a lawsuit against you to recover the unpaid loan with interest. The suit cannot be filed 12 years after the demise of the borrower. 

3. If your grandmother was not a part to the account then she did not pass any liability to you.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, before attaching your properties the bank has to issue a  notice to you and without court permission bank has no right to attach you property.

2. So if you received any notice or summons from the court then you can contest the case on merits.

3. You have good case on merits, bank has no right to attach your properties.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) even after retirement as partner your grandmother would be liable to repay bank dues under section 32,of partnership act

2) if however bank had accepted agreement for reconstitution of partnership firm your grand mother would not be liable 

3) in your case bank has not filed any case against grandmother or her legal heirs 

4) further police complaint has been filed by bank against other partners and your grandmother name was not in the list of accused 

5) it appears you are safe now 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
In all your subsequent questions, you have continuously failed to inform that whether the bank has issued a notice to you demanding money or whatever you say.  
Your silence on this subject clearly indicates that the bank has not sent you any notice demanding the loan that was due against your grandmother, moreover they have not sent any notice to your grandmother too.  Hence you appear panicked or puzzled over the hearsay information alone.  So it will be better if you approach this forum with questions relating to actual problems and not on non-existing (but imagined)problems.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. It is not important whether your GM had left the firm before the case was filed or not. What is important is that whether she was a partner when the firm had taken loan from the Bank,

2. The limitation is for 12 years from the date of cause of action,

3. The Bank will have no claim on your property unless you have inherited the said property from your grandfather and in such case you should sell off your property before it is attached by the Court in future.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Let the bank file the suit and then you can contest it. If you have been named in the police complaint then move the High Court for quashing.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
 if bank has accepted constitution of new firm and filed case against partnership firm and the partners of the reconstiuted firm no case can be filed now against your grandmother 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Hi, bank can't attach the property of your grand mother once they accepted  new partners into the firm and same has communicated to the Bank.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. When was the loan availed by the Partnership Firm?

2. Was your GM left the partnership firm before its availing loan?

3. If yes, then their can not be any claim on your GM or her/her heirs property,

4. The claim on her heir also should not be more  than what the heir has inherited from the Borrower,

5. The laim has already become time barred on you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Your question is about the property in your hand.  So far you have not understood the answers given by the expert lawyers in this forum but keep repeating your own question in a different version.  You have not been served with legal notice hence they cannot attach your property, be safe and relieved.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Check the other debts as per your last query (bank suit against partners before 2000 second i got information that my grandmother herself have big property which is allrady attached in same bank in other matter.Asked 1 day ago) a property is attached means there is any dispute is pending between bank and  your grand mother. If the money is insufficient to by way of debt the bank can attach other property in her name
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
The bank cannot blow hot and cold in the same breath. The suit is time barred after 12 years.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
443 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0