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Regarding Sarfaesi Notice 13(4)


21-Jun-2023 (In Property Law)
Purchased a property in 2018.And also took a loan from DHFL. nNow on 25 April 2022 I received a notice of 13(4) under sarfaesi act. From notice I came to know that the previous owner had taken a loan from same NBFC DHFL. And he ran away after selling the property and didn't paid the loan. The notice I received is for previous owner. But for same property. nI am paying my loan installment on time.Also I checked the original sale deed before buying. nNow if their was a loan pending against the property than how I my loan got approved to purchase the property also from same company DHFL and same branch. nPrevious Loan amount 36 lakh which is pending.. nnI filled an application at DRT on 20 june 2022. When I can get stay and what extra I should do.. nI also filled an police complaint against previous owner..
Answers (2)

Answer #1
988 votes
through whom did you file the application before DRT? and in case you've already filed an application then some date must have been given to you as to when the application will be put up before the DRT. I will have to go through the documents in order to properly give you sound advice.
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Answer #2
789 votes
file separately a suit for injuction and stay in civil court... also you may pursue your case in DRT for stay .... also as u pointed out that on same property loan was given twice by same agency you can move against them for fraud and non due diligence ..... don't mind there could be probably that few people may be hand in glove with each other to commit fraud on u .... I am not saying it's 100 percent but such suspicion cannot be ruled out and most be looked Into as well to get clarity
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