1. while applying for loan, you must have offered some collateral security to the bank against the loan sanction

2. in event of default bank can attach that security and have it sold by public auction to recover its dues

3. if even after sale of that security, there are still some outstanding then bank can attach the property of the guarantor and sell it

4. even after selling your security and the property of the guarantor, the bank's dues still remain outstanding then it can touch upon your other properties

As per the extant acts, legal heirs are responsible for the debts of parents to the extent of the property inherited by them from such parent.

No bank cannot attach the agricultural land. As section 31 of the Sarfesi act the provision of the Sarfesi act doesnot apply on the agricultural land.

See if the agriculture land is used for agriculture purpose there are many cases that strictly prohibits bank from taking over the agricultural land.

No as Under CPC and SARFESI attachment of agricultural land is prohibited.

If son is neither borrower nor guarantor his property cannot be attached,

Agricultural land standing on your name and son name cannot be attachedby bank to recover bank dues

under section 60 Clause (c)-

Under this clause, the main residential building and all the other building attached to it, belonging to agriculturist, labourer or a domestic servants, are exempted from sale and attachment in execution of a decree

2) For the application of this clause an agriculturist includes a small holder who tills the soil and cultivates it . The term includes a person who personally engages himself in tilling the soil and whose livelihood depends upon the proceeds derived from the tillage of land

3) Supreme Court in Appasaheb. V. Bhalchandra and it was held that before a person could claim to be an agriculturist “he must at least show that he was really dependant for his living on tilling the soil and was unable to maintain himself other -wise.” Thus the true test is whether a man personally engages in tilling and whether this occupation is essential to his maintenance. It was accordingly held that a person who had a substantial income from lands other than those cultivated by him as home farms and also cash allowances was not an agriculturist and that a building constructed by him was not exempted from attachment.

1. The SARFAESI proceeding applies only with regard to the property created security with the bank. in other words the bank to recover its dues can only attach and auction sell the property mortgaged with it.

2. If from selling the mortgaged property the loan amount could not be recovered fully then it will have to initiate fresh proceeding under general wherein the other properties can be attached and sold but in the SARFAESI proceeding the bank can not go beyond what has been mortgaged with it.

This is my response to you:

1. Yes they can easily attach your agricultural land;

2. Therefore you can easily transfer this land to one of your relatives;

3. Enter into a non-registered "buy back agreement";

4. Although this method is illegal and unethical;

5. It is better you pay off the loan.

Dear Client,

Under sarfaesi act, bank and DRT can proceed against secured asset only, Also by exception under sarfaesi act. agriculture land cannot be attach. Land in the name of son - No.

Bank can proceed for recovery of debt from personal properties of partners through recovery suit, i.e. Recovery order will pass by court and if not paid than attachment of property to recover debt.

The agricultural land now under cultivation and was not offered as collateral security may not be attached.

You can get an order of injunction against any such proposal made by the bank to recover their dues.