I gave a loan against property in Howrah and the borrower is not repaying what to do
MO Asked by Mohammed Khan from India
Quick Answer
If the loan was secured by a mortgage of property in Howrah, 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 Howrah, 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 West Bengal Premises Tenancy Act 1997, a mortgagee can approach the court in West Bengal 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 Calcutta High Court under West Bengal Premises Tenancy Act 1997 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.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.