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I gave a loan against property in Dhanbad and the borrower is not repaying what to do

SN Asked by Sneha Iyer from India

Quick Answer

If the loan was secured by a mortgage of property in Dhanbad, you can file a suit for mortgage before the civil court seeking sale of the mortgaged property for recovery of the loan.

Detailed Legal Analysis

If the loan was secured by a mortgage of property in Dhanbad, you can file a suit for mortgage before the civil court seeking sale of the mortgaged property for recovery of the loan. Under the Transfer of Property Act and Jharkhand Rent Control Act 2016, a mortgagee can approach the court in Jharkhand for a decree for sale of the property.

You must produce the mortgage deed, loan agreement, and default notice as evidence. You can also file a suit for recovery of the loan amount as a personal debt.

If the borrower is untraceable, you can approach the Jharkhand High Court under Jharkhand Rent Control Act 2016 for permission to proceed ex parte.

Legal Provisions Referenced

Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.

Last updated: October 3, 2026 AI-assisted answer

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.

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