Legal Question in Banking Law in India

can bank sell property without private treaty when the borrower/mortgagor wants to sell his property through private treaty under sarfaesi act, 2002?


Asked on 1/16/13, 11:21 am

4 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

17.01.2014

Dear Sir / Madam,

If you have defaulted in repayment of the loan EMI's for a continuous period of eight months at a stretch, the bank is entitled to auction the property without recourse to you.

Please elaborate what is the private treaty you are referring to, what are the agreed terms & conditions therein, and who are the parties to the private treaty at [email protected] to guide you further in the matter.

Regards,

FCA Prashant Chavan

Mumbai

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Answered on 1/16/13, 8:14 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Mr Chavan

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Answered on 1/16/13, 9:51 pm
Jayesh Desai Jayesh Desai

Your question is not giving full details. You need to elaborate, as to the amount outstanding; whether by your method or offer the liability of the Bank will be paid or not, and you are fetching the price at higher or lower then the valuation obtained by the Bank or not; etc. needs to be mentioned. As the question is not disclosing full facts; proper answer is not possible.

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Answered on 1/19/13, 12:35 am
Sanjay Kalra Sanjay Kalra & Associates

NO......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 1/24/13, 3:13 am


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