I gave a loan against property in Dwarka and the borrower is not repaying what to do
NI Asked by Nisha Bhatt from India
Quick Answer
If the loan was secured by a mortgage of property in Dwarka, 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 Dwarka, 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 Delhi Rent Control Act 1958, a mortgagee can approach the court in Delhi 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 Delhi High Court under Delhi Rent Control Act 1958 for permission to proceed ex parte.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.