Legal Question in Civil Litigation in India

sir,
on the bases of equitable mortgage loan was taken by the son and titled deed was taken by the bank in the year 2005. and in the may 2006 holder of property(father) died.
no charge was create in the property(house) and after death by way of will house was entered in the name of widow as in will no property has been given to their childern.
in the year 2011 bank has started threatning to disposess her by way of surfaci act and widow comes to know that in the year 2005 loan was taken by her husband and his son and the afforesaid house was mortgaged as security. no notice was issued to her even so long time of inheritence and also widow has not any knowldge about the loan. land revenue record at patwari halqua shows that it is free from all encumbraces and no loan enteries shows. moreover bank has not owned the liabilities after the death of her husband till today.
weather she has option to file a civil suit even surfaci act bar the civil court if yes in which authority supreeeme court has given his decision
sunil Kumar advocate

Asked on 8/08/11, 10:20 am

KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

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i think the contents of sarfesi act would clarify this query.

Answered on 8/10/11, 5:39 am

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