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
2 Answers from Attorneys
Re: Possesion under sarfesi act
It is Bank's responsibility.
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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