Legal Question in Criminal Law in India
How to attach property of a proclaimed offender ?
A non movable property [residential home] of a proclaimed offender has to be attached to court proceedings. Whereas that home is under mortgage loan for 15 years with a bank.
The bank says that it will not release the title deed of the house until the loan is paid off by that offender. The bank says that the home belongs to them until the loan is paid off.
Is it still possible to attach the property since he is absconding ??
4 Answers from Attorneys
Re: How to attach property of a proclaimed offender ?
Property can be ordered to be attached, but in the event of sale thereof, mortgage loan is to be repaid first.
Re: How to attach property of a proclaimed offender ?
Yes you can attach the property but the mortgage loan has to be repaid first.
Re: How to attach property of a proclaimed offender ?
For attaching the property mortgage loan repayment is required.
Re: How to attach property of a proclaimed offender ?
it will not be possible to advice properly without going through the documents.
as far as i can understand u can still get relief
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