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Hari Kishore (MANAGER)     19 May 2015

Poultry (commercial layer) unit - agri land

Dear Sir/Madam,

Can below featured land be processed in SARFAESI Act:

1) No passbooks available but only Regd Sale Deeds. It is agriculture land as per the documents but Commercial Poultry Form established in 1992 in that land, but land not converted in records.

2) House Number is alloted to that poultry unit by Gram Panchat in the name of proprietor.

3) No cultivation activities are going on since then.

The entire property along with Poultry Sheds are mortgaged to the Bank on account of Loan to Poultry Unit.

 

Please guide me.

 



Learning

 2 Replies

Advocate Ravinder (Advocate/Attorney)     20 May 2015

1) No passbooks available but only Regd Sale Deeds. It is agriculture land as per the documents but Commercial Poultry Form established in 1992 in that land, but land not converted in records.

---If pass books are not available, the bank people will obtain it by applying certified copy. Once Commercial poultry farm is established and H.No. is allotted  the Agriculture nature will vanish and the land will be converted to non agriculture. 

 

2) House Number is alloted to that poultry unit by Gram Panchat in the name of proprietor.

---Answered above.

 

3) No cultivation activities are going on since then.

---Answered above.

 

The entire property along with Poultry Sheds are mortgaged to the Bank on account of Loan to Poultry Unit.

---SARFASI Act will apply to all the properties mortgaged to the Bank. 

1 Like

T. Kalaiselvan, Advocate (Advocate)     24 May 2015

On default of loan repayment, the act namely sarfesi and its provision will certainly be applicable especially in the given circumstance. 

Taking precaution by appealing before the DRT and obtaining a stay will be an idea preferred before the bank is approaching District Magistrate's help for physical possession.


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