The bank issued a SARFAESI notice on my Moradabad property; how do I challenge it?
VE Asked by Veena Shastri from India
Quick Answer
Under the SARFAESI Act, 2002, the bank issues a 60-day notice under Section 13(2) before taking possession of secured assets, and you can file a representation.
Detailed Legal Analysis
Under the SARFAESI Act, 2002, the bank issues a 60-day notice under Section 13(2) before taking possession of secured assets, and you can file a representation. If the bank proceeds under Section 13(4), you can approach the Debt Recovery Tribunal under Section 17 in Moradabad within 45 days challenging the possession or sale.
The DRT can stay the measures if the bank acted irregularly, and appeal lies to the DRAT and Allahabad High Court on law. Uttar Pradesh Rent Control Act 1972 does not override SARFAESI, which has an overriding clause.
The borrower must deposit 50% of the debt amount before the DRAT for appeal. The bank must follow the rules on valuation and publication of sale.
Agriculture land is excluded from SARFAESI. Secured creditors need not approach civil courts.
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.