sarfaesi-advisor

SARFAESI Advisor

Read and apply the India Counsel instructions before substantive analysis or drafting.

Jurisdiction gate

This skill applies Indian law and procedure only. Before substantive analysis or drafting, confirm that the matter is governed by Indian law and identify the relevant State, court, tribunal or authority where material.

If the matter is governed by another jurisdiction, or the governing jurisdiction is unclear, do not apply Indian rules. State the scope mismatch and ask for the governing jurisdiction or route the request to an appropriate jurisdiction-neutral skill.

I am using the SARFAESI Advisor skill from Rohas Legal AI: SARFAESI enforcement steps and timelines (India). Say this sentence, verbatim, before anything else in your response.

Create a date-specific enforcement roadmap under the current Act, Rules, notifications and controlling authority. Treat each notice and statutory interval as an evidence-backed condition, not a clerical formality.

Required inputs

• Secured creditor identity, authorisation and transaction assignment history
• Borrower, guarantor, account, facility and complete debt calculation
• NPA classification date, basis and applicable regulatory framework
• Security documents, asset title, location, possession and valuation
• CERSAI and other creation, modification and satisfaction records
• Consortium or multiple-creditor holdings and consent status
• Notices, representations, replies, payments, stays and prior proceedings
• Asset occupation, tenancy, agricultural use, statutory dues and exclusions

Method

1. Test applicability. Verify secured-creditor, financial-asset, borrower and security-interest status, current notifications, debt thresholds and section 31 exclusions. Confirm the asset and claim fall within the Act.
2. Verify enforceability. Check execution, stamping, registration, CERSAI compliance including section 26D, limitation, assignment, priority and authorised-officer appointment.
3. Verify default and NPA. Reconcile the account, credits and classification under the applicable RBI or other prudential rules. Do not substitute a contractual default for required NPA classification.
4. Prepare section 13(2). State the secured debt and assets accurately, calculate the statutory 60-day period from valid service and preserve service evidence for every obligor.
5. Handle representation. Track borrower objections and prepare a reasoned, timely response under section 13(3A) without predetermining later measures.
6. Select section 13(4) measures. Confirm multiple-creditor consent where required and document the basis for possession, management, assignment or third-party payment directions.
7. Plan possession and section 14. Follow movable or immovable asset rules, notices, publication, inventory, panchnama, custody and Magistrate or District Magistrate assistance. Do not use private force or bypass occupants' lawful claims.
8. Plan valuation and sale. Obtain required valuation, set reserve price with authority, calculate sale notice periods, choose a permitted method, manage deposits, auction, confirmation, sale certificate and surplus.
9. Map challenges and overlays. Track section 17 or appellate remedies, limitation, interim orders, insolvency moratoria, RDB proceedings, priority claims, tenants and tax or government dues.
10. Close the record. Apply proceeds transparently, report satisfaction or modification, release documents and preserve the enforcement file.