Notice u s 13 2 Sarfassi Act
6 months ago
my huband availed a loan in LICHFL git expired due to covid 19 in 2021 for 2 times had cleared loan emi and came out of surfassi. now again it has gone to sarfassi,they have issued 13(2) notice but i haven't received.Because comminication address is my in laws famillies there is a dispute b/w us everything is stuck in court. how to get that notice,bank people denying to give notice,they had sent to postal address of my in laws family,what to do now
A.Dear Client,
Request the bank to provide you with proof of delivery or acknowledgment that they sent the notice to the address. This could be in the form of a postal receipt or delivery confirmation and Reach out to the local postal service or courier company responsible for delivering the notice. Inquire if they have any information regarding the delivery status of the notice. They may be able to provide you with details or assistance in tracking the notice.
Request the bank to provide you with proof of delivery or acknowledgment that they sent the notice to the address. This could be in the form of a postal receipt or delivery confirmation and Reach out to the local postal service or courier company responsible for delivering the notice. Inquire if they have any information regarding the delivery status of the notice. They may be able to provide you with details or assistance in tracking the notice.
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A.Dear Client,
Until and unless the borrower changes his address in the records of the Bank, they shall issue notice based on the recorded address. So, on the demise of the borrower, you being a legal heir should inform the Bank in writing for a change of address and contact number attaching therewith a legal heir certificate issued by the Municipal Authority or other competent authority observing necessary formalities to the legal heir of the deceased paper. As regards the issue of notice under Sec.13(2) of the SARFAESI Act, 2002 this is to inform you that as per sub-section (2) of Sec.13 of the Act, a creditor is required to issue a notice in writing to the borrower to discharge his liability within sixty days of the notice when such borrower has defaulted in repayment of secured debt or any installment thereof, and his account in respect of such debt is classified by the secured creditor as non-performing asset(NPA). If the borrower fails to discharge his liability despite the service of notice, the creditor is free to recover the debt through the modes prescribed in sub-section (4) of Sec.13 of the Act, such as – taking over possession of the secured assets of the borrower, taking over management of the business of the borrower etc. Sub-section (3A) of Section 13 of SARFAESI Act was introduced by way of an amendment in the year 2004 whereby the borrower is given an opportunity to make representation or raise an objection with respect to the notice issued under subsection (2). A further duty is imposed on the creditor to consider such representation/objection and if the creditor concludes that such representation or objection is meritless, he shall communicate within fifteen days of receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower. So in the prevailing situation, you need to negotiate the matter with the Bank failing which you have to face legal consequences. Reach out to an Advocate experienced in DRT matters for clarification, guidance and steps.
Until and unless the borrower changes his address in the records of the Bank, they shall issue notice based on the recorded address. So, on the demise of the borrower, you being a legal heir should inform the Bank in writing for a change of address and contact number attaching therewith a legal heir certificate issued by the Municipal Authority or other competent authority observing necessary formalities to the legal heir of the deceased paper. As regards the issue of notice under Sec.13(2) of the SARFAESI Act, 2002 this is to inform you that as per sub-section (2) of Sec.13 of the Act, a creditor is required to issue a notice in writing to the borrower to discharge his liability within sixty days of the notice when such borrower has defaulted in repayment of secured debt or any installment thereof, and his account in respect of such debt is classified by the secured creditor as non-performing asset(NPA). If the borrower fails to discharge his liability despite the service of notice, the creditor is free to recover the debt through the modes prescribed in sub-section (4) of Sec.13 of the Act, such as – taking over possession of the secured assets of the borrower, taking over management of the business of the borrower etc. Sub-section (3A) of Section 13 of SARFAESI Act was introduced by way of an amendment in the year 2004 whereby the borrower is given an opportunity to make representation or raise an objection with respect to the notice issued under subsection (2). A further duty is imposed on the creditor to consider such representation/objection and if the creditor concludes that such representation or objection is meritless, he shall communicate within fifteen days of receipt of such representation or objection the reasons for non-acceptance of the representation or objection to the borrower. So in the prevailing situation, you need to negotiate the matter with the Bank failing which you have to face legal consequences. Reach out to an Advocate experienced in DRT matters for clarification, guidance and steps.
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A.Dear Madam,
You may either approach Debt Recovery Tribunal or file a representation through Registered Post stating that you are the legal heir and to issue all the notices on your present address.
You may either approach Debt Recovery Tribunal or file a representation through Registered Post stating that you are the legal heir and to issue all the notices on your present address.
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