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Amar (Manager)     19 November 2014

Mortgage of lease properties

Sir,

My company taken loan from SBI & mortgage property to SBI. Now SBI issue 13(2) under Security Interest Act 2002. is that possible that shown the property in Lease. if shown then what is a void Lease deed procedure. if a company mortgage industrial property if the company lease the same property before or after.

 

please it's very urgent



Learning

 2 Replies

Dalip Singh (Advocate)     19 November 2014

How can the property be shown in lease before mortgage.  Lease deed cannot be executed and registered in back date.   In case the property is given on lease after mortgage that too is without the consent of SBI and is not binding upon SBI.

Amar (Manager)     20 November 2014

At first very Thankful  to you. 

This is pre-program before fully taken by SBI. if we create a Lease Deed & not register but notarized in back date, what will happened. what is the procedure after SBI issuing 13 (2) notice & How can we safe from handover of Property .....please advice

 

urgenet 


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