Legal Question in Banking Law in India

Possesion under sarfesi act

I have bought a land under sarafasi act

docments registerd,two months back ,but

still land lord stays.Who is responsible to

vaccat me or bank but bank says they

failed pettion under collector & rdo.How

long it will take? Next move


Asked on 7/09/08, 2:32 pm

2 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Possesion under sarfesi act

It is Bank's responsibility.

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Answered on 7/21/08, 11:17 am
J. Radhakrishnan independent Practice

Re: Possesion under sarfesi act

It is for the Authorized officer of the Bank or financial institution who sold the property to deliver possession to the purchaser in the auction (vide sub-rule(9) or Rule 9 of the Rules under the SARFAESI Act. He can take the assistance of the chief Metropolitan Magistrate or district Magistrate as the case may be to deliver possession. It is difficult to speculate a precise time frame for the delivery of possession as it depends upon local conditions. If there is inordinate delay, move the High Court to issue a writ of mandamus to the authorized officer to deliver possession at the earliest.

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Answered on 7/09/08, 9:34 pm


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