Appeal against Sale
Soma
(Querist) 06 February 2010
This query is : Resolved
My client are the legal heirs of deceased land owner of an apartment.
Bank had taken One of the top floor flat under SARFAESI Act and land owners raised no objection as they thought that it was mortgaged to Bank.
Subsequently they found that the same flat was not sold to any body by their father, never, and it was not mortgaged to any bank. Actually the ground floor flat is mortgaged to that bank by its owner. Which was sold. But the bank has taken possession of wrong flat.
Now the bank has published sale notice in news paper but no notice fixed on the property. Notice published on 06.01.2010.
Whether sale proceeding can be stopped?
Under what provision of law?
What is the limitation period?
Devajyoti Barman
(Expert) 06 February 2010
The publication of such sale notice falls within the acts as described under sec 13(4) of the Act and hence file an appeal as prescribed under 17 of the Act before the DRT and the time limit is within 45 days from 6.1.10 which means there is still some time.
Y V Vishweshwar Rao
(Expert) 07 February 2010
The Appeal to be field under section 17 of DRT Act - The Notice is incorrect .I agree with Mr Barman !
Soma
(Querist) 07 February 2010
Thanks to seniors
Raj Kumar Makkad
(Expert) 07 February 2010
You have very limited options in this matter and make hurry and file petition before DRT and seek stay order therefrom from executing the notice.
