In a case where bank loan is involved against mortgage of non -agricultural property upon declaring the account NPA 13(2) notice was issued. But some objections came as to area of the property mortgaged. As it transpired because taking loan he sold some portion of property to his brother. This by search by another lawyer. Later on possession notice issued and published in Newspaper with original area of mortgage. But Sale certificate issued for modified area I. e actual area of land and building possesed by borrower. Now case wnt to DRT. DRT wants all Sarfeasi Notices and Sale certificate. My question is whether after getting objection he could modify final Sale certificate as variant from original 13(2) and 13(4) notices. Or Sales will declared faulty? What is the legal position.
Suhita Mukherjee
