Legal Question in Real Estate Law in India
Under sarfaesi act 2002, bank can sell property by private treaty sale i.e under rule 8(5)(d). what is the procedure of the same and since the property in possession of the bank borrowers consent is necessary or not. In my view the if the bank wanted to sell the property by borrower consent then the powers under the sarfaesi act 2002 diluted because the borrower will not give consent to such sale as his property forcefully possessed by the bank.
Asked on 6/04/11, 4:07 am
1 Answer from Attorneys
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