Plzz help ... information under sarfaesi act..
hina
(Querist) 19 July 2015
This query is : Resolved
Hello sir, i wanted to ask u the proceedure by which the bank takes possession of the house in case of secured loan.. sir we had taken a loan from the bank secured by property.. rite now the status was the account went to NPA which was not upgraded even aftr depositing full overdue amount aftr repeated requests to the bank manager .. while the bank management took the possesion of the house , there was no tehsildar ... they did not take any signatures before taking the possession and without informing us, the bank officials took the possession of the house... there was no police man .. the recovery people , ie. the people who were from bank side they behaved voilently wid the women and girls.. there was no women constable .. Neither they r upgrading the account nor r they leaving the possession ..Sir please guide me what r the provisions of law regarding this... DOES LAW ALLOWS THE THE BANK people TO DO SUCH KIND OF HARRASSMENT EVEN AFTER DEPOSITING THE FULL OVERDUE AMOUNT ...
M/s. Y-not legal services
(Expert) 19 July 2015
given fact is not clear sir.
i hope the banker would be taken the possession by the court order only. usually they will not take possession without obtaining order from the court.
if there is any court order mean, it is contested one? or exparte order?
just consult your local advocate.
M/s. Y-not legal services
hina
(Querist) 20 July 2015
My query is how can we declare a possession of the house invalid... ???? i mean is dre some sort of checklist which should be done by the bank officials before taking the possesion of the house ???
Rajendra K Goyal
(Expert) 20 July 2015
The Bank people has no right to misbehave with any body, lodge police complaint and if police does not lodge complaint file direct complaint to the magistrate.
Whether you have received any notice from Bank under SARFAESI Act? Consult your Lawyer and proceed against possession.
P. Venu
(Expert) 20 July 2015
What do you mean by "depositing full overdue amount"?
hina
(Querist) 20 July 2015
yes , we had received a notice under sarfaesi ... but then the bank officials said that deposit this amount and we will upgrade... we deposited more amount than dat to avoid further problems ... and suddenly we get to know that bank has taken possession of the house... no sign no formalities ,, no witness only the bank people ... we had kept tenants over their .. they threw their things ... misbehaved wid ladies ..
hina
(Querist) 20 July 2015
depositing full overdue amount means installment due and interest till dat date... rite now we have 900000 over and above balance wat it takes to make it standard...
Biswanath Roy
(Expert) 21 July 2015
If your attached property is at Kolkata you may sit with me with all of your papers and documents related to for finding out redressal. Dispossession of tenants by force and without any process of court is illegal.
