Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Attachment of Pre Offence Mortgaged Property remains possible under PMLA; secured creditors may pursue statutory claim and seek auction with undertaking.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Immovable property mortgaged or assigned before commission of a scheduled offence may be attached as the value of proceeds of crime under PMLA; prior mortgage or assignment does not automatically exempt property from ED attachment. Secured creditors retain procedural remedies within the PMLA regime: they may stake claims before the Special Judge under the PMLA claim procedure and may apply for pre-trial auction of mortgaged immovables on filing an affidavit/undertaking to deposit any excess realisation with the ED. Statutory recovery remedies (SARFAESI/RDB) do not displace PMLA attachment; creditors must seek relief through the prescribed PMLA process.....