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raja (owner)     16 June 2018

SARFAESI ACT

Dear Sir, I had purchased a vacant plot in 2011. And mortgaged in bank. Chronological events of the property details explained below. Pls reply... 1. In 1965 a devotee of Lord Siva registered a will infavour of Mr. A. on a conditional clause saying,� Item no 1. cannot be sold. (area 6000 Sq.ft. ). Item no 2. ( area 12000 sq.ft) can be sold only for development purpose of Item no.1 property. 2. In 2011, I purchased about 6000 sq.ft in item.no. 2., from Mr. A. by Sale deed. 3. Mr. A. Deceased on 2012. 4. Subsequently legal heirs of Mr. A. became the legal authority of the property as per will. Legal heirs of Mr. A. represented as Mr. A1 & Mr. A2. 5. Mr. A1 & Mr.A2. under gone a partition of both property in item no. 1 6000sq.ft & item.no.2, 6000sq.ft. Total sq.ft ( 12000 after sale of 6000 sq.ft in favour of me.) and Mr.A2 sold 50% of the property belongs to item.no.1. 6. After knowing the fraudulent registration, Sub - collector, Municipal Commissioner, DSP, HR&CE Officials, locked the property u/s 145 of CPC. 7. Sub collector, passed over the property keys to HR&CE. Now HR&CE having the property key. 8. HR&CE took the possession of my property also. 9. In sub court, case has been filed against Mr. A1 & A2. When I request to release the my property from HR&CE, they request to obtain a court order. I stopped repayments for the past 3 months. Banks are trying to take symbolic possession under SARFAESI act. My query : 1. Does banks have right to take symbolic possession of my property, due to non payment of emi ? 2. Is it advisable to redeem the property from bank ? after taking symbolic possession by bank, I m ready to clear the bank dues immediately. Regards Dr.Raja


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