• Assets taken over by bank under Sarfaesi act, and not sold

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Asked 7 years ago in Property Law
Religion: Hindu

4 answers received in 30 minutes.

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12 Answers

Hi,

You have not disclosed as to what is the loan amount and what is the value of the property. In case the value of the property is less than the loan amount due to you, the bank may start recovery process for rest of the loan. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Bank can auction assets to recover loan amount 

 

in event of any shortfall sue the borrower to recover shortfall 

 

 

Ajay Sethi
Advocate, Mumbai
99900 Answers
8153 Consultations

The bank has to auction the property and then has to adjust the amount against the loan and return if there return the borrower if any surplus amount from sale and auction.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes it will be adjusted 

Prashant Nayak
Advocate, Mumbai
34609 Answers
249 Consultations

1. The bank in recovery of the loan can attach the property mortgaged with the bank and then sell it to recover the loan amount.

2. If the loan amount is not fully recovered then the bank can file a civil suit for recovery of money.

3. It the property is not sold as yet then you continue to enjoy the property. 

Devajyoti Barman
Advocate, Kolkata
23658 Answers
538 Consultations

The posession the property taken over by the bank under Sarfaesi Act cannot take posession of unsecured asset within the premises power bank makes pressure on defaulter to pay the remaining amount by keeping the unsecured asset to bridge the gap between the loan amount outstanding and the value of property in this case you need to approach High Court to get direction to release the unsecured asset kept in the premise which is not the property of the bank and is not covered in sarfaesi act being a movable property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

File application DRT to either auction the property and adjust the loan amount and refund of excess amount if any or till no auction , possession shall be return. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

YES, make an offer to the bank in writing

Suneel Moudgil
Advocate, Panipat
2388 Answers
6 Consultations

Dear Sir,

Such attachments will later result in public auction.  And amount received in public auction will be adjusted towards your outstanding loan amount.  Sometimes in public action your property fetch less amount then what you have to pay.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

That depends on agreement between the borrower and bank

However do check the valuation of the assets 

In case their value is higher than the loan outstanding then the bank should sell them in auction and pay you the excess from the sale price realised 

Yusuf Rampurawala
Advocate, Mumbai
7906 Answers
79 Consultations

After adjusting your loan account ,if there is any surplus ,the bank will return it. The bank is bound to return the excess amount to the mortgagor/borrower,after deducting the unpaid loan. 

Mohammed Mujeeb
Advocate, Hyderabad
19352 Answers
32 Consultations

The bank after taking possession of the property may bring it to auction sale and the sale proceeds may be adjusted tothe outstanding loan amount.

 

T Kalaiselvan
Advocate, Vellore
90102 Answers
2503 Consultations

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