Legal Question in Real Estate Law in India

SARFAESI Act

Our questions now are:

Whether the respondent Bank authorities concerned can proceed under the provisions of SARFAESI Act 2002 without creating any Security Interest by Deposit of the Deeds in respect of the concerned property?

Whether the respondent Bank can disburse the loan amount to the promoter-developer without creating any Equitable Mortgage and/or Security Interest by Deposit of title Deeds in respect of the concerned property?

Whether the respondent Bank can invoke terms of the Tripartite Act and handover the property to the promoter? It is to be noted here that the Bank violated terms of the said Tripartite Act by releasing payment without creating Equitable Mortgage on the property.


Asked on 8/19/07, 10:57 am

4 Answers from Attorneys
Pravin Vaidya Independent

Re: SARFAESI Act

Your doubts can be addressed adequately only when full details of the case including copies of (i) sanction-letter from Bank and(ii)documents executed are supplied to me. Pl. contact on [email protected] or ph. 09426334688

Pravin Vaidya

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Answered on 8/22/07, 11:06 pm

Re: SARFAESI Act

Your query can not be replied in such short space.It is better that you contact personally with all details.Professional charges shall apply.

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Answered on 8/19/07, 12:07 pm
kavitha balakrishnan kpp associates

Re: SARFAESI Act

all these have to be dealt in details ... preferably with the document.. contact

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Answered on 8/21/07, 1:32 am
Shrichand Nahar S.V.Nahar, Advocate

Re: SARFAESI Act

Reply to question without the facts is not possible.

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Answered on 8/20/07, 3:02 am


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