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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 first
1

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

central

Section 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.