Legal Question in Banking Law in India
drt -has direted thebank to attach
DRT has direted the bank to attach the property of the guarentor, ( not mortgauged) as there is nothing to recover from the borrower as of now. whatever theproperties mortgaed has been sold and paid the entire proceed to bank, and for the remaing bal due thebankers have got orders for attachemnt ofgurantors property. Is there any whythis senior citizen, who has no body to take care, how he can save the property, as a guarantor?
7 Answers from Attorneys
Re: drt -has direted thebank to attach
contact a banking/drt practitioner.
Re: drt -has direted thebank to attach
That is what is called the guarantor in case of non availabilty of funds to pay off the debts by the borrower then the guarantor's role will be started.
Re: drt -has direted thebank to attach
I agree with the views expressed by Mr. J. Radhakrishana
Pravin Vaidya
Re: drt -has direted thebank to attach
The Bank's dues have to be paid. Merely because the guarantor is a senior citizen, bank cannot write off the debt. The DRT was in order in directing attachment of the guarantor's property. Only way is to write and meet the bank people explaining your plight and requesting them to give some concession and settle the debt.
Re: drt -has direted thebank to attach
I agree with the above opinion of Attorney Mr. J. Radhakrishana.
Re: drt -has direted thebank to attach
He can pay of the remaining dues to the bank. That.'s the only way out
Re: drt -has direted thebank to attach
Merely because a person is a senior citizen he cannot escape from the liablity of guarantor. In case your property is sold and amounts recovered, you could consider taking steps for recovering the amounts from the borrower if there is any property. Alternatively you could also find out the details of any other property of the borrower and request the bank authorities to proceed against the same instead of your property.
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