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Santhosh Kumar   27 January 2019

Legal or illegal

Good evening all
When my car was seized by sbi Bank at odd hours 7.20pm to 11.20pm. The seizing person have done my signature on barrower place on Panchanama, inventory details and surrender letter. Is it legal or illegal please confirm.
Your Truly
Santhosh, AG Office Retd
Ex-international Volleyball player 🏐



Learning

 3 Replies

Dr J C Vashista (Advocate)     27 January 2019

It's illegal, consult and engage a local prudent lawyer to file a suit for mandatory and permanent injuction. 

P. Venu (Advocate)     27 January 2019

Yes, the divisive issue is whether the possession was taken forcefully against your will.

G.L.N. Prasad (Retired employee.)     27 January 2019

Before proceeding as per experts advice, get copies of documents executed and HP Agreement executed by the bank and whether you have received such notices asking you to repay the money and that they will be constrained to take possession of the vehicle.

According to my knowledge, the agreement states that the owner is Bank and the vehicle is only hired to the owner and the financier is having such powers to take possession of the vehicle and the borrower must have executed such document.

Without adequate powers, Bank can never resort to such illegal things risking their career and personal safety.  Unless the mutual agreements are studied by experts do not conclude on your own.


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