• Assets in a sealed property

I am a tenant and I left for a vacation with my family, my landlord took some loan against property and failed to pay it, Bank sealed the property and now our assets are locked inside the sealed property. How to get our asstes like Ac, Fridge, Elmira, Cloths etc back!
Asked 14 days ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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9 Answers

Issue legal notice to bank that your personal belongings are inside the flat that you may be permitted to collect your belongings from the flat 

 

if bank fails to do so approach the court for necessary reliefs 

Ajay Sethi
Advocate, Mumbai
95502 Answers
7653 Consultations

5.0 on 5.0

Apply before the DRT to get back your assets if even after approaching the Bank for the release of the same , it is not done.

Devajyoti Barman
Advocate, Kolkata
22986 Answers
500 Consultations

5.0 on 5.0

1. Contact the Bank which sealed the property along with your assets like AC, Fridge, Almirah, Clothes, etc., for releasing your movable properties which has no connection with the default of loan by your landlord.

2.  If there's no positive response from the Bank, complain against the Bank to Bank's Ombudsman to resolve the issue.

3.  You can knock the doors of the jurisdictional Court to resolve the issue.

Shashidhar S. Sastry
Advocate, Bangalore
5212 Answers
323 Consultations

5.0 on 5.0

Contact a lawyer practicing at Debts Recovery Tribunal. 

Dalip Singh
Advocate, New Delhi
1086 Answers
36 Consultations

5.0 on 5.0

Have you been on a short vacation or have kept the property locked for a long time?

Because he process of putting a seal to the assets by bank is not a one day process or a sudden move. 

You knew that the bank is likely to take physical possession hence on the advise of the landlord you locked the rented premises and remained outside thinking that the bank will not take any action in this regard.

If this is true then your act might be due to some misguidance.

However you have rights to retrieve your assets got stuck in the property sealed by the lender bank.

You may issue a legal notice to the bank giving the list of your assets held in the sealed property and demand the release of the same.

The bank since have taken action to seal the property  may not be able to break the seal and remove the items held inside on their own discretion until and unless a compromise has been arrived between the bank and the borrower.

Especially if the bank or the borrower has already approached the DRT or any court of law then you may not be able to get any relief from bank, therefore you may have to approach the appropriate legal forum to retrieve your assets held inside the property and which do not fall under  the assets of the borrower for recovery of loan. 

T Kalaiselvan
Advocate, Vellore
85705 Answers
2265 Consultations

5.0 on 5.0

Hello, 

  1. You have to ask the landlord to take necessary steps to get the bank to allow you take your belongings out of the property as they don't belong to him. 
  2. If he feels to help, you can issue a legal notice to three landlord with copy to the bank concerned.
  3. In case, the bank and the landlord fail to help, you will need to approach the court with a petition to retrieve your belongings making the landlord and the bank parties.

S J Mathew
Advocate, Mumbai
3577 Answers
175 Consultations

5.0 on 5.0

Loan default does not affect tenancy rights. File suit in court, you will get order on single hearing in 2 3 days. You have all legal rights to stay in the property even if possession is taken and sealed by the bank.  

Yogendra Singh Rajawat
Advocate, Jaipur
22780 Answers
31 Consultations

4.4 on 5.0

- Since, you have physical possession of that property , then neither the bank and nor landlord can evicted you without due process of law. 

- You can file an Injunction suit before the Court for getting your belongings , and even can claim compensation for harassment from the bank. 

Mohammed Shahzad
Advocate, Delhi
13720 Answers
207 Consultations

5.0 on 5.0

Dear Client,

In the event that your landlord's property is sealed by the bank due to a loan default, and your personal belongings are locked inside, you have legal options to retrieve your assets. Inform the bank that your personal belongings are inside the sealed property. Provide them with proof of your tenancy and a list of your belongings. Banks typically have procedures for such situations and might allow you to retrieve your belongings under supervision. If the bank does not cooperate, you may need to seek a court order. For that, serve a legal notice to the bank through a lawyer, demanding the return of your belongings. If the bank does not respond to the legal notice, file a civil suit seeking an interim order from the court for the immediate retrieval of your personal belongings. It is advisable to hire a lawyer for representation of your case. Should you require any further clarification, please do not hesitate to contact us.

Anik Miu
Advocate, Bangalore
9402 Answers
112 Consultations

4.9 on 5.0

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