• SARFAESI notice

Sir Ek Jaankari chiya thi Bank ne ek Party ko 13(2) ka notice diya tha but party payment us time nai kar pai or jisdin 13(4) ka sumbling passion ke liya aye usi din payment jama kar diya Tha fir bhi jan buj kar kabja liya or News paper me nikal diya total 3 loan account hai jis me se 1 account CGTMS scheme me jisme koi property ya koi gurantee nai le sakate but bank ne jan bug kar esi kar raksha haia ab kaya karna chiya
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

DRT mai section 17 ki securitization ki application file karni hoge 13(4) or uski subsequent proceedings cancel krwane ka lia.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Approach DRT.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You should reply to notice that payment has been made after issue of notice under section 13(2)

 

2) Section 13(4) of the Act provides that if the borrower fails to discharge his liability within the period prescribed under Section 13(2), the secured creditor can take recourse to one of the measures, such as taking possession of the secured assets, including the right to transfer by way of lease, assignment or sale

 

3)you are  entitled to approach the DRT under Section 17 of the Act at the stage of possession notice under Rule 8(1) and Rule 8(2) of the Rules.

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

You can contact local lawyer file application in DRT under section 17 to challenge possession notice issued under section 13(4) 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

After issuing of notice u/s 13(2) SARFAESI Act, unless the whole dues is paid and the loan account is regulairsed the bank can nevertheless attach the property u/s 13(4).

So on this case the whole arrears does not appear to have been paid.

So file a case before the DRT seeking repayment scheme and repay the loan if you wish to save this property further.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Aap drt mein aapko case karma padega. Bank ne case file kr rkha hoga aapko drt mwin batana hoga ke aapne paise de diya hain...

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

DRT me application file karo and get a stay. Along with it submit objection/representation to bank u/s 13(3a) of act. You will get more time and bank is bound to consider your application. Before that bank cannot proceed u/sub section 4. 

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

You can appeal under the sarfesi Act if the said possession is illegal. You can also file a claim for deficiency in services at consumer court

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1. CGTMS scheme anusar Bank ne koi property mortgage rakh nei sakta aur koi property kabja kar vi nahi sakta.

 

2. Agar apka baki sab loan account clear ho gaya to iDRT me 45 din ka ander SARFAESI Application (S.A.) file kijiye.

 

3. It is a good case to win.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. Apko DRT me SARFAESI Act,2002 ka 17 no. dhara ka anusar application file korna hai.

 

2. DRT me practice kao raha hai koi Advocate se Application file kijiye.

 

3. Eh jitne wala case hai.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear sir

Uske liye apko court me se stay lena hoga jiske liye aap loan k papers k saath ek petition file kr skte h jisme aap apni payment ki details wagerah bhi lga do or stay k liye apply kro.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

jaake DRT me mukadma daaliye aur nilami ko stay karwaiye 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

kisi local advocate se turant sampark karein 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

In my view bank should isssue notice u/s 13(2) of the said iAct.But these days banks are issuing notice iu/s 13(4) of thei act irrrespective of date ofi notice u/s 13(2) and DRT is accepting ithe same.Under the circumstances bank is at liberty to proceed u/s 13(4) of the act. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Better consult local property lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Since you have ignored the notice received earlier, bank has got into legal action to take possession and for further proceedings.

You may approach DRT to get stay on this proceedings by expressing that you are ready and willing to pay the entire loan amount immediately and until then the bank may be restricted from proceeding in this matter.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

You consult an advocate in the local who has experience in SARFAESI Act and proceed to file a petition before DRT to get a stay on the proceedings of bank in this regard

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer