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?


Asked on 6/11/09, 2:22 am

5 Answers from Attorneys

J. Radhakrishnan independent Practice

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.

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Answered on 6/11/09, 9:54 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: SARFAESI Auction Land

If you are a lender, you may better obtain "search report" about title from a lawyer, before lending any money.

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Answered on 6/11/09, 11:11 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

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

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Answered on 6/11/09, 11:54 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: SARFAESI Auction Land

consult a banking lawyer

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Answered on 6/15/09, 1:46 am
Pranav Desai PD Legal & Associates

Re: SARFAESI Auction Land

You may have to ascertain the title of the property.

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Answered on 6/12/09, 5:33 am


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