B010🏦 Banking & Finance
Bank seizing property without proper notice
What you need to know
Under SARFAESI Act, banks must follow strict procedure — 60-day notice, valuation, and public notice — before auctioning secured assets. Any procedural deviation makes the action legally challengeable at DRT.
Your rights
1
60-day notice before any action on property
2
Challenge improper procedure at Debt Recovery Tribunal
3
Stay on auction if procedural violations found
4
Redemption by paying dues before auction
What you should do now
Action first1
Check if procedure was followed and reply within 60 days
- Verify you received proper Section 13(2) notice with correct details
- If you can repay — contact bank immediately to arrange
- If you dispute — send written reply challenging amount or procedure
2
If auction is scheduled
- Approach Debt Recovery Tribunal (DRT) for stay of auction
- DRT can stay auction if proper procedure was not followed
Acts applicable
SARFAESI Act 2002
centralSection 13 — Enforcement of security interest — strict procedure
Where to complain
Consumer complaint portal: e-jagriti.gov.in (replaced edaakhil.nic.in as of Jan 2025). Labour complaints: col.gujarat.gov.in. All links verified June 2026 via web search against official government sources.
