Dear Sir,
Bank has issued a notice under section 13(4) for taking symbolic possession of house property.

We have deposited title deed(sale deed) and patta with the bank as equitable mortgage. The sale deed is related to two plots in one house property(plot A & Plot B). But the Patta is for only one plot plot B.
The Bank's notice describes only one plot(plot B) for which patta is deposited with the bank and not the plot(Plot A) which is there in the sale deed, but no patta is deposited.

The sale deed clearly mentions that the shoproom (part of the property) is built upon plot A not mentioned in the notice u/s 13(4). But the actual construction exceeds the size of the plot A means part construction(about 20%) is also on plot B mentioned in 13(4) notice.

I am looking for an expert opinion in the matter as to how I can stop bank from taking possession of construction on plot A, which is not described in the notice.

You should have taken objection when 13(2) notice was issued.

If there is no legal mortgage than also you can take objection for possession and force the lender to bring an order from a competant court.

Mr. Pavan,

Do not look at the issue in this manner. There r ways by which the possession of both the plots and properties can be stopped. The borrower is not entirely helpless under Sarfaesi Act. Consult a good lawyer & take suitable action.

If u r from Maharashtra u may contact Adv, Manish Bohade on 9371505560. A close friend of mine has been able to save his residential bunglow with the help of Adv. Bohade.

The Bank has already detailed the schedule of the property they have taken symbolic possession of  in their Notice u/s 13(4) of SARFAESI Act,2002. They will not take over any other property for which no notice has been issued by them. Hopefully the details of Plot A was not mentioned in Notice u/s 13(2) of the Act also. Hence, if the Plot A has not been mentioned in  neither of the notices u/s13(2) & 13(4), they can not incorporate the adress of Plot A in their application to DM u/s 14 of the Act for taking its possession through Police help.

When the sale deed of both the plots being A and B are deposited meaning thereby that both are equitably mortgaged . Either there may be some serious technical / legal problem in enforcing the mortgage against the plot A or the value of the plot B may be sufficient to cover the loan. However now when under section 13(4) the possession of only plot B has been taken , the same can only be sold.

Dear Sir(s)

Thank you so much for your valued opinion.

I understand that the bank cannot take the possesion of the plot which is not cover in notice under section 13(4). The clarification I am seeking is that the house property is a composite house property built over both the plots. The plot A is a shop room.

The area of plot A is say 200sqft., but the shop room(one single room) is built on 250sq ft. also the stairs leading to the first floor for construction on plot A is on plot B.

Now how the property is going to be demarcated by bank and will the bank block the stairs leading to first floor, also the shop room around 2-3 feet is constructed on plot B will be taken possession of.

Thanks.

Dear Sir(s)

Thank you so much for your valued opinion.

I understand that the bank cannot take the possesion of the plot which is not cover in notice under section 13(4). The clarification I am seeking is that the house property is a composite house property built over both the plots. The plot A is a shop room.

The area of plot A is say 200sqft., but the shop room(one single room) is built on 250sq ft. also the stairs leading to the first floor for construction on plot A is on plot B.

Now how the property is going to be demarcated by bank and will the bank block the stairs leading to first floor, also the shop room around 2-3 feet is constructed on plot B will be taken possession of.

Thanks.

Dear Sir(s)

Thank you so much for your valued opinion.

I understand that the bank cannot take the possesion of the plot which is not cover in notice under section 13(4). The clarification I am seeking is that the house property is a composite house property built over both the plots. The plot A is a shop room.

The area of plot A is say 200sqft., but the shop room(one single room) is built on 250sq ft. also the stairs leading to the first floor for construction on plot A is on plot B.

Now how the property is going to be demarcated by bank and will the bank block the stairs leading to first floor, also the shop room around 2-3 feet is constructed on plot B will be taken possession of.

Thanks.

Yes. The Bank will take over possession of the property mentioned in the notices which normally details the land identification (plot no. in this case) and the construction at present and in future. 

There are so many procedure to be followed prior to sale which lender normally skip.

1) They can not take forcible possession without your consent.

2) Even if symilic possession is taken the valuation has to be obtained and your consent has to be taken.

3) There has to be advt in two popular newspapers for possession and sale.

And at all these stages you can create many problems foer them.