Legal Question in Banking Law in India
SARFAESI Auction Land
Dear Sir,
Can we sanction loan for a property which was purchased under sarfaesi proceedings? If so, How do we ascertain that the property is not multifunded? If there are any viloations found in the Sarfaesi Sale, whether the sale will be set aside?
5 Answers from Attorneys
Re: SARFAESI Auction Land
The title to the property whether acquired under a private sale or in a sale on SARFAESI proceedings has to be determined vis a vis the previous holder's title. The same process of scrutiny of parent title deeds and search for encumbrances should be there. Merely the property has been purchased in SARFAESI proceedings, the title of the owner cannot be assumed as free from any doubt. It has also to be examined whether the mortgagor whose property has been sold in the proceedings or the borrower has not been agitating against the sale in higher courts like DRT,DRAT, High court.
Re: SARFAESI Auction Land
If you are a lender, you may better obtain "search report" about title from a lawyer, before lending any money.
Re: SARFAESI Auction Land
before lending loan, you must assure your self , whether any proceeding for the property or pending in the court or DRT or not.
normally the sale certificate given in the auction is not considered sufficient, if the property did not transferred or already stood transferred in some anthers name.
i advise you that you must check the revenue records,
for further advice, feel free to contact me at my PH. 9888067997
Re: SARFAESI Auction Land
consult a banking lawyer
Re: SARFAESI Auction Land
You may have to ascertain the title of the property.
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