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Representation and Objection under Section 13(3A) SARFAESI Act

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Also called

Reply to bank's SARFAESI demand notice
Objection to section 13(2) notice
13(3A) representation
Borrower's reply to 60-day demand notice
Objection to NPA classification and demand notice
Representation to Authorised Officer under SARFAESI

When you need it

SEE A LAWYER NOW — THIS WEEK. A s.13(2) SARFAESI demand notice starts a 60-day clock; after that the bank can take possession without court. Your DRT appeal (s.17) and redemption right (s.13(8)) run on their own short deadlines.

This is a well-drafted letter, not legal advice — use it to get a strong objection on record fast, while briefing a lawyer in parallel. WHAT THIS IS. S.13(3A), SARFAESI Act, 2002 lets you represent or object after a s.13(2) notice; the creditor must consider it and, if rejected, give written reasons within 15 days (Rule 3A, Security Interest (Enforcement) Rules, 2002, same duty on the Authorised Officer). Grounds: wrongful/premature NPA classification, wrong amount, uncredited payments, piled-on penal charges, a defective notice, the wrong property described, restructuring/settlement under discussion, or the Act not applying to this security. WHO CAN USE IT: the borrower, a co-borrower, a guarantor served the notice, or a third-party mortgagor — all within 'borrower' under s.2(1)(f). WHEN TO SEND: ASAP, well inside 60 days — aim for 2-3 weeks from the notice date; s.13(3A) sets no deadline, but don't wait. NOT COVERED: a s.17 DRT application (its own 45-day limit from the s.13(4) measure — needs a lawyer); a reply to a possession/sale/auction notice (faster, different response); disputing SARFAESI's applicability to a co-op bank/NBFC/HFC (check s.2(1)(m)); RDB Act, 1993 or IBC, 2016 proceedings; or a loan with no security interest. WHAT TO EXPECT: written reasons within 15 days if rejected — but that alone doesn't give you a DRT right; that arises only once the bank takes a s.13(4) measure. A considered representation still creates a useful record. IF NOTHING COMES BACK, escalate in writing: branch/Authorised Officer (acknowledged copy), then the Principal Nodal Officer/Grievance Redressal Officer, then the outside forum for your lender type. A BANK or covered NBFC goes to the RBI Ombudsman under the Reserve Bank – Integrated Ombudsman Scheme, 2026 (in force 1 July 2026; file at cms.rbi.org.in, 14448, or the Centralised Receipt and Processing Centre, Sector 17, Chandigarh 160017 — complain to the lender first, wait 30 days, file within 90). A HOUSING FINANCE COMPANY is excluded (as are core investment companies, infrastructure debt/finance NBFCs, non-operative financial holding companies, primary dealers and mortgage guarantee companies) — its route is its own Grievance Redressal Officer, then the National Housing Bank (GRIDS at grids.nhbonline.org.in). Neither forum decides the SARFAESI enforcement itself, but both act on service failures around it. KEEP THE PROOF: hand-deliver for a branch stamp, or send registered/speed post with tracking, and email the same day too.

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See stamp duty, registration and witnesses

What follows is the position for this kind of document. The amount is set by the state the property is in and it changes, so the figure for your own state is worth confirming at the sub-registrar’s office before you pay anything.

Stamp duty

None — not an instrument under s.2(14): no right or liability created, transferred or extinguished. No duty, no stamp/e-stamp paper — plain paper. Article 1's nominal debt-acknowledgement duty doesn't apply even with the 'amount accepted' field filled, since the letter disputes the debt (without prejudice), not evidences it. Caution: a POA holder signing for you needs a properly stamped (possibly registered) POA — the letter is free, the authority behind it may not be.

Registration

Not registrable (s.17). What matters is proof of delivery: a branch acknowledgement or registered/speed-post tracking.

Notarisation

Not required, and inadvisable — s.13(3A) wants a written representation, not one on oath. Sworn statements now, before your lawyer sees the file, can be used against you later. Prove payments with bank statements/UTRs; a company attaches its board resolution instead.

Witnesses

None — needs no attesting witnesses. What matters: evidence of receipt — the branch stamp on your copy, or postal acknowledgement.

Request Stamp Paper

Sample preview — placeholder answers, not your data

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REPRESENTATION AND OBJECTION UNDER SECTION 13(3A) OF THE SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002

WITHOUT PREJUDICE TO MY RIGHTS AND CONTENTIONS

Date: 5 April 2026
Place: Mohali

To
The Authorised Officer (Shri / Smt. Anil Verma)
State Bank of India
Sector 70, Mohali Branch
Ground Floor, Sagar Tech Plaza, Sector 70, Mohali 140307, Punjab

From
Rajesh Kumar Sharma
Flat 402, Shanti Residency, Sector 70, Mohali 140307, Punjab
Mobile: +91 XXXXX XXXXX
Email: rajesh.sharma@example.com

LOAN ACCOUNT NUMBER: 38291045672
FACILITY: Housing Loan
YOUR DEMAND NOTICE UNDER SECTION 13(2): Reference SBI/AND-E/SARFAESI/2026/117, dated 1 April 2026
AMOUNT DEMANDED: ₹52,18,430 (Rupees Fifty Two Lakh Eighteen Thousand Four Hundred and Thirty only) as on 3 April 2026

Sir / Madam,

Subject: Representation and objection under section 13(3A) of the SARFAESI Act, 2002 read with Rule 3A of the Security Interest (Enforcement) Rules, 2002, against your demand notice dated 1 April 2026 in loan account 38291045672 — your reasoned reply is required within fifteen days

1. WHO I AM AND WHAT NOTICE THIS REPLIES TO

1.1 I am Rajesh Kumar Sharma, the Borrower named in your demand notice referred to above, in respect of loan account 38291045672 (Housing Loan) maintained at your Sector 70, Mohali Branch. I am a "borrower" within the meaning of section 2(1)(f) of the Act, which includes not only the person to whom financial assistance was granted but also any person who has given a guarantee or created a mortgage or pledge as security for it. The facility was originally sanctioned in the sum of ₹45,00,000 (Rupees Forty Five Lakh only).

1.2 Your demand notice is dated 1 April 2026 and reached me on 2 April 2026 by registered post with A/D.

1.3 By that notice you have demanded payment of ₹52,18,430 (Rupees Fifty Two Lakh Eighteen Thousand Four Hundred and Thirty only) as due as on 3 April 2026, and you have described the following as the secured assets intended to be enforced in the event of non-payment:

Flat No. 402, 4th Floor, Shanti Residency, Khasra No. 214, Sector 70, Mohali 140307, admeasuring 78.5 sq. m. carpet area, together with one covered car parking space.

1.4 This letter is my representation and objection under section 13(3A) of the Act, made as soon as practicable after receipt of your notice.

1.5 This representation is made by me jointly with the following persons, each of whom adopts its contents and signs at the foot of this letter:

Sunita Sharma — Co-borrower
Mahesh Kumar Sharma — Guarantor

2. WHAT THE LAW REQUIRES YOU TO DO WITH THIS LETTER

2.1 Section 13(3A) of the Act provides that where, on receipt of a notice under section 13(2), the borrower makes a representation or raises an objection, the secured creditor shall consider that representation or objection; and that if the secured creditor concludes that it is not acceptable or tenable, it shall communicate the reasons for non-acceptance to the borrower within fifteen days of receiving it.

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