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

VI Asked by Vinod Mehta from India

Quick Answer

If the loan was secured by a mortgage of property in Ghaziabad, 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 Ghaziabad, 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 Uttar Pradesh Rent Control Act 1972, a mortgagee can approach the court in Uttar Pradesh 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 Allahabad High Court under Uttar Pradesh Rent Control Act 1972 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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