Jishu Jana Jishu Jana

3 years ago

Bank gave me 13(2) notice under SARFAESI ACT on 01/07/2019 & I paid the overdue amount of home loan within 30 days. Today bank send me possession notice, with reference to the old SARFAESI notice to discharge the full amount. What to do now ?

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
You may immediately approach High Court or Debt Recovery Tribunal.
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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.you paid complete amount or made settlement ?
since home loan then paid full amount only.
did you took NoC from bank ?
you took home papers back ?
approach the bank and ask for NoC and original papers back.


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
the notice served under section -13(2) demands full payment to the dues and not in parts.
you have to pay the dues. What you can do is
1. ask for some time to clear your dues
2. talk to the bank manager and try resolving this matter.
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Anik

Responded 3 years ago

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A.Hi,
go to your bank manager and try to resolve the matter amicably.
since the notice given to you demands full payment to the amount, you had to pay it fully and not in installments.
you can ask for some time for the payment of the dues.
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Jagannath S Pawar

Responded 3 years ago

A.You would have to challenge the concerned Notice as the same is not valid as far as the dues are completely paid
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Jagannath S Pawar

Responded 3 years ago

A.You can contest the Notice and get relief from concerned authorities also if u r compelled to do so
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sanjay panda

Responded 3 years ago

A.Dear client
Once notice issued under sec 13(2) it is for full loan recalled amount. So no part payment can stop further proceeding unless mou signed by both party.
However if you have received possesion notice you visit your bank and arrange for MOU after negotiable amount paid else you need to take help of DRT to get relief .
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