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Hitesh Gajjar (( Legal ))     13 February 2012

Sarfeasi act,

Bank can attach Argiculature Land which is morgtaged against Loan Sancationed to Customer under the Securitisation Act. please guide on this issue



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 2 Replies

MANOJ HARIT (LAWYER)     14 February 2012

No. A Bank can not proceed against an agricultural land even when the same is mortgaged.

RAJU O.F., (Advocate)     14 February 2012

Under SARFAESI Act, security on agricultural land is exempt from enforcement and hence bank cannot directly take possession of the agricultural land. Bank can attach and sell such property by order of Court/DRT.  In the case of SARFAESI proceedings also, if the borrower is using the agricultural land as his residence/ godown/ factory/ other industrial unit other than agricultural cultivation, then bank can take possession under SARFAESI. The burden of proving as to it is agricultural land, would be of the mortgagor.


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