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NOTICE ISSUED UNDER SECTION 13(2) SARFAESI ACT,2002


NOTICE ISSUED UNDER SECTION 13(2) SARFAESI ACT,2002   MY FATHER AGED 79 YEARS GIVEN OUR HOUSE PROPERTY AS A GUARANTEE TO A COMPANY DURING YEAR 2001 (AT THE TIME HIS AGE WAS 69 YEARS) WITHOUT OUR KNOWLEDGE. HE WAS EXPIRED IN 2011. AFTER HIS DEATH WE CAME TO KNOW THIS. MY AGED MOTHER ABOUT 73 YEARS AND OTHER LEGAL HEIRS (ALL LADIES) RECEIVED THE NOTICE UNDER SECTION 13(2) SARFAESI ACT,2002 FROM THE BANK. WE HAVE ONLY THIS PROPERTY AS OUR LIVELIHOOD. NO RESPONSE FROM THE BORROWER. WE DO NOT KNOW HOW TO PROCEED? THE BANK SAID THAT THEY WILL VACATE THE HOUSE AND THROW US IN THE STREET.

   Immediately engage a lawyer to contest it. The provisions of SARFAESI Act are very stringent and the bank can take possession of the property if not contested.If necessary you may have to file a Writ Petition in High Court.
R.V.DAGLI
Advocate.
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   Where is the property? you have to immediately get stay in the DRT court for which you have to pay some amount in court as a token of gesture any how engage good lawyer so that he can get good offer for you and also will get much time for your compliance.


In case you need any further clarifications contact us at

M/s. S&P Law Associates
Law Firm at Chennai
Website: www.pathlegal.in




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   A guarantor becomes fully responsible for debt if the borrower fails. So, the bank can proceed against the property of your father. You should engage an experienced Lawyer to deal the matter and communicating with the bank by making a petition that the borrower is willingly avoiding his duty to pay so the bank should take action against the borrower.
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   FILE AN EFFECTIVE REPLY OF SAID NOTICE BY ADVOCATE AND DEFEND CASE
STRONGLY.

RKNANDA-ADVOCATE
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   Under Sec.17 of DRT, there is a provision where an appeal is allowed, if the recovery office fails to follow due procedure or if the bank and the defaulter arrive at a revise settlement agreement, otherwise, there is no appeal, but only high court can intervene Since the token possession and auction under sec.14 are pending, you can take a chance..
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   Immediately engage a good local lawyer and reply to the notice, the matter seems to be serious.
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   if it the only dwelling house as mentioned in section 60(1) ccc it cannot be attached. so immediately get a stay from high court and reply back in the notice that it is only dwelling house with cogent proof to show the same.
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   SIR, 1.file an appeal against the proceedings under the SARFAEST ACT, 2002 in DRT and the DRT will consider the stay application very expeditiously and if possible on the same day, when the application is filed.
2.file a petition under article 226 in highcourt.
ADVOCATE RAJESH KUMAR SINGH
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   Dear sister/brother
go to the concerened deparement andknow the entire issue
whether loan availed or if it is the collateral security find out
if any action already initiated impleade yourself and contest the case thorough a lawyer
they cannot throw just like that without due process of law.

All the best
Adv.A.P.Loganathan,MadrasHighCourt,Avoid Police/Court/Politician if possible
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   Record your objection in DRT in a proper manner. They can consider your objection
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   Dear Client, Best way to get instant relief by Obtaining stay from DRT & filing writ to High Courtimmediately,stating the facts & death of Gurantor. - Adv.B.M.Gaikwad, Nagpur
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