First Charge, Attachment

It seen that the attachments are made subsequent to the mortgage/charge created in favour of your bank. Hence the attachment does not have any priority over your charge and you can sell the property as provided in SRFAESI Rules. The buyer is also not liable to settle the charge created by attachment, as thorugh the sale, you have conveyed a better title to the buyer.

Mahesh is correct......pvt attachments have no such priority and are not protected under the Securitisation Act.

the pvt attachments will be recovered by the concerned lenders from the previous owner....pvt attachments are not secured debts.

ur buyer is safe.

I presume the property is already is mortgage. Hence it will have a priority and the subsequent attachment will not have any effect on you right to sell the property. Only thing is if any purchase money is remining with the Bank after satisfying it's dues this is to be kept in a suspense account so that it may be available to the attaching creditors. Meanwhile if the borrower takes theamount no body can do any things.

Is there any case law supporting this view?

My apologies for repeating the question. Is there any case law supporting the above views? Can you pls help me out with case laws and relevant provisions?