Upgrad LLM

sarfesi act

Prop

Can a bank auction and sell tribal land to anyone?
 
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Greetings,

A bank has the authority to auction and sell the tribal property under The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. Sarfaesi Act is above tribal land laws, A property belonging to a Scheduled Tribe person can be sold under the Securitisation and Reconstruction of Financial Assets and Enforcement (Sarfaesi) Act. In the case of  UCO Bank vs Dipak Debbarma, the Hon'ble Supreme Court held that the sale of such asset does not violate laws protecting property of tribal people.

Hope this helps. 

 

 
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