Vetting of Bonafide Rights Petition — PMLA / SARFAESI / IBC / PBPT Act

What This Service Is

It is vital to check your "Bona Fide Rights Petition" — a formal request claiming your property rights are legal and true — before you file it. This petition often comes from a family member of someone accused, a previous lender (mortgagee), or a third-party buyer. They claim their rights are valid in a property that has been taken (attached). You'll file this petition before the Adjudicating Authority — the legal body that hears cases under the Prevention of Money Laundering Act (PMLA). The PMLA is India's special law against money laundering. You might also file it before SARFAESI Tribunals (DRT/DRAT), the National Company Law Tribunal (NCLT) for company issues, or authorities under the Prohibition of Benami Property Transactions Act (PBPT Act), a law dealing with hidden property ownership. Your claim needs strong evidence showing where the money came from and a clear timeline of how the money was used. This will determine if the legal body accepts your claim or merges it with the money laundering case.

What the Service Entails

Checking a petition for a PMLA case or a defense against property attachment requires a close look. We examine the "Money Trail" document. This document must completely track every flow of funds from declared, taxed income to the purchase of the property. The Adjudicating Authority checks this chain step by step. If there's a gap in any step, your entire defense could fail. IndiaPropLaw reviews your petition to ensure the fund-tracing exercise is complete and in the correct date order. We also check the strength of your "bona fide purchaser" (legitimate buyer) argument, if it applies to your case. We identify any weaknesses in how the attachment order was issued. Finally, we ensure your legal arguments are consistent across any related civil, criminal, and attachment cases. You'll receive a Preliminary Vetting Report first. After discussing your strategy for the Adjudicating Authority hearing and the Enforcement Directorate's (ED) — the agency investigating financial crimes — likely counter-arguments, we'll send you a Final Vetting Report. This report includes specific line-by-line changes.

Our Specialized Inputs

Our financial background allows us to perform the detailed fund-tracing analysis. This analysis is the foundation of every successful PMLA claim. We verify that your bank statements match your income tax records (ITR) and the timing of your property purchase. We point out any gaps that the ED will try to use against you. Most other services checking petitions cannot provide this combination of financial and legal review.