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Adv Ramhari Narode   08 July 2020

possession without Property Mortgage

how can take possession without Property Mortgage under SARFAESI act Before District Magistrate?


Learning

 1 Replies

Nirali Nayak   09 June 2021

Hello sir, greetings of the day.
As per your query, under Section 14 of the SARFAESI Act introduced in 2013, it has made it compulsory to file an affidavit by the secured creditor through their Authorised Officer with the District Magistrate / Chief Metropolitan Magistrate, as the case may be, to take possession of the secured assets. Then the District Magistrate shall, take possession of such assets and documents and forward such assets and documents to the secured creditor. Provided that the application made by the secured creditor must be accompanied by an affidavit duly affirmed by the authorized officer of the secured creditor, declaring certain provisions. Further on receiving the receipt of the affidavit from the Authorised Officer, the District Magistrate shall, after satisfying the contents of the affidavit pass suitable orders for the purpose of taking possession of the secured asset within a period of thirty days from the date of application.
Hope this answers your question.
Regards
Nirali Nayak
Law Student


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