NRI Specialised
Defence of Property under SARFAESI / IBC / DRT — for NRIs
Strategic advice for property owners and borrowers defending against bank action under SARFAESI, DRT proceedings, or insolvency proceedings under IBC — including possession notices, e-auction challenges, and CIRP defence. Specialised for NRIs with FEMA / RBI compliance built in.
NRI specifics
SARFAESI / IBC / DRT defence for NRI property owners — including challenges to symbolic possession notices served at Indian addresses while you reside abroad, and DRAT appeals.
All consideration flows are routed through your NRO/NRE account where applicable. Repatriation of any net proceeds is handled under the USD 1 million per financial year limit, with Form 15CA / 15CB and Section 195 TDS clearance coordinated with your CA.
What This Service Is
Facing demands under SARFAESI, Debt Recovery Tribunal (DRT) cases, or insolvency proceedings through the Insolvency and Bankruptcy Code (IBC) can be very stressing. These situations are legally complex and require quick action. For example, a Section 13(2) SARFAESI demand notice (a formal letter from the bank demanding payment under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002) gives you only 60 days to reply before the bank can take control of your property. If you act without a clear legal plan during this time, you could lose your rights.
This service offers a clear legal check-up and a plan for you if you are a borrower, a guarantor, or a third-party property owner dealing with a bank's actions.
What the Service Entails
First, we will look at your loan agreement, mortgage papers, any SARFAESI notices, or the DRT petition. We will also review your property documents, your payment history, and any past letters you exchanged. Second, we will prepare a first report that points out any ways you can defend yourself under SARFAESI, the DRT Act (the law setting up Debt Recovery Tribunals), the IBC, and the Prevention of Money Laundering Act (PMLA). Third, we will have a 60-minute talk with you to go over this report and decide on the best defence approach. Finally, we will give you a detailed strategy report. This report will include a recommended action plan, a draft of your objection or appeal notice (if you ask for it), and a list of evidence you will need.
Our Specialized Inputs
The IndiaPropLaw team helped write the Corporate Insolvency Resolution Process (CIRP) Rules for IBC 2016 (the rules that govern how companies deal with insolvency). We have a lot of experience with SARFAESI cases from both the bank's side and the borrower's side. This deep knowledge of how judges at the National Company Law Tribunal (NCLT) and DRT assess disputes between banks and borrowers makes our defence plans both realistic and strong.
What you'll receive
- You will understand and know how to respond to bank notices under Section 13(2), 13(4), or 14 of SARFAESI.
- We will help you build a defence for Debt Recovery Tribunal (DRT) cases, challenging issues like where the case should be heard, time limits, and the amount of debt claimed.
- We will guide you on how to handle claims from financial lenders and represent your interests if your company is going through Corporate Insolvency Resolution Process (CIRP) under IBC.
- If you are a third-party owner of a property involved in a SARFAESI action, we will help you challenge this under Section 17 of the SARFAESI Act.
- We will develop a plan to challenge an e-auction of your property and help you apply to stop it.
- We will find all possible procedural and legal reasons to defend your case.
- You will receive a final strategy report, including a checklist of all the evidence you will need.
- Service-of-notice challenge where notice was not served at the registered foreign address.
- DRT/DRAT representation through counsel — your appearance is not required.
What we'll need from you
- SARFAESI/DRT/IBC notice.
- Loan documents, repayment trail through NRO/NRE.
- Foreign address proof and any updated KYC with the bank.
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- Your loan agreement, the letter approving your loan, and mortgage documents
- All SARFAESI notices you have received – specifically Section 13(2), Section 13(4), or any Section 14 order (if you have one)
- The DRT petition or IBC application (if court cases have already started)
- Your property title documents (papers proving you own the property) and an encumbrance certificate (a document showing if there are any outstanding debts or charges on the property)
- Your payment history for the loan and any letters you have exchanged with the bank about your account
- A clear description of your specific problem – is it a demand for money, a notice that the bank is taking possession, an e-auction, or a Corporate Insolvency Resolution Process (CIRP)?
- Tell us if any guarantors (people who promised to pay your loan if you couldn't) or third-party mortgagors (people who offered their property as security for your loan) are involved
How it works
Our four-step process
No legal jargon, no surprise fees. A clear path from your first message to a registration-ready document.
- 01
Tell us what you need
Fill the short booking form. We confirm receipt within a few hours and a senior lawyer reviews your matter.
- 02
We send your draft
Within 48 hours you receive an execution-ready draft in plain English, with the legal logic explained.
- 03
One round of revisions
We discuss the draft on a call, address your questions, and incorporate revisions — at no extra cost.
- 04
Ready to sign and register
You get the final document, a stamp-duty estimate, and a clear checklist for registration or filing.
Deliverables & pricing
All prices in Indian Rupees, plus applicable GST. Tap any row to start your booking with that deliverable preselected.
Defence of Property under SARFAESI / IBC / DRT — for NRIs
₹ 27,000 + GST
₹ 27,000 + GST
48 hours + apostille/consulate buffer (~1 week) · Fixed fee
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