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Rahul shah (Ca)     10 September 2024

Sarfesi act symbolic possession physical possession

Hello,

I have purchased a property which is in symbolic possession of bank.

The tehsildar has already given notice that physical possession will be taken in August.

Dues to some reason tehsildar or his delegated person dint come on the specified date to give possession to bank.

Now the advocate on the bank panel is demanding huge amount for faster physical possession.

How much power does this advocate has to slow down proceedings ?

What would be the best approach forward ?



Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 September 2024

What is the role of Tahsildar in the SARFASEI ACT? Is the Tahsildar a party in the case? 

T. Kalaiselvan, Advocate (Advocate)     11 September 2024

If the bank panel lawyer is demanding huge money then you may report the same to the bank manager and also to the regional manager of the bank about the conduct of the panel lawyer and his corrupt practice.

Besides obtain the lawyer's particulars and make a complaint to the bar council to which the advocate belongs stating that he demands huge bribe amount to do this job on behalf of bank.

You can attach the complaint letter given to bank about this along with the complaint to the bar council.

you can take proper action as per the circumstance

1 Like

Rahul shah (Ca)     11 September 2024

Hello ..

I am not sure but this is how it works ..

DM directs tehsildar to take possession.

Tehsildar delegates this to circle officer or he himself comes ..

T. Kalaiselvan, Advocate (Advocate)     12 September 2024

The bank will file an application to district magistrate seeking protection to take physical possession of the property under the provisions of sarfesi act.

TheDM will approve this application and depute an officer of Tehsildar cadre to provide necessary assistance, in turn the Tehsildar will pass an order to the staff to provide proper assistance to bank staff while they take physical possession, if necessary by providing police protection too for physically evicting the adamant occupants and ensure the bank taking physical possession.

In this situation the bank panel lawyer has no role to play therefore you may make a complaint against him for demanding bribe money in the name of helping you and you can even lodge a complaint about his illegal demand to vigilance cell of the bank as well as directorate of of vigilance and anti corruption department too besides giving a complaint to bank manager and his Higher officer.

P. Venu (Advocate)     13 September 2024

Yes, the Bank Panel lawyer is overreaching. You can make complaint to the Bank as well the Bar Council.


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