P N Rajaram Rao 18 October 2017

Sarfaesi Act

The borrower is in judicial custody for plotting the murder of her husband. Her loan has become NPA. Whether demand under sarfaesi act has to be served on the borrower personally through jail authorities? Kindly clarify

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4 Replies

Siddharth Srivastava (Advocate) 18 October 2017

The Notice u/s.13 SARFAESI Act is required to served upon the borrower. Service may be through post. Notice served on last known address is also sufficient.

P N Rajaram Rao 18 October 2017

So sir do you mean to say that it would be sufficient if the demand notice is issued to the last known address of the imprisoned borrower and after its return if the same is affixed on that property and published in the newspapers? thank you for sharing your views sir..

Siddharth Srivastava (Advocate) 18 October 2017

Yes, notice served on last known address is sufficient but the borrower has valid ground to refute being in jail. Consult with details. Siddharth 9811776422

Siddharth Srivastava (Advocate) 18 October 2017

Yes, notice served on last known address is sufficient but the borrower has valid ground to refute being in jail. Consult with details. Siddharth 9811776422