Sarfaesi act on patta land

Valarmathi (Querist) 22 October 2012 This query is : Resolved
Sir, we have issued a demand notice under SARFAESI Act section 13(2) to a borrower who has purchased a patta land from a adi dravidar (scheduled caste) assignee after 11 years and had mortgaged it for a Cash Credit facility. He is now claiming that we cannot take possession of the property u/s 13(4) of sarfaesi act and alienation can be done only to Schedule Caste. Will the secured creditor like Bank be forced to sit and wait for him to close the loan on his own by alienation or whatsoever? Is the Bank right in issuing demand notice? Can we take possession and go for auction sale of the property?

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R.K Nanda (Expert) 22 October 2012
r u bank employee?

Devajyoti Barman (Expert) 22 October 2012
The SARFAECI Act is not related to any dispute regarding transfer of SC & ST land, it must be regarding any mortgage.
First get information regarding then. If it is not then the SARFAECI case does not lie.

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