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LThey can take physical possession of the property under S. 13(4) and 14 of the SARFAESI Act. Get a lawyer and get a stay on this from your DRT.LIt signifies when you have signed the document so that someone doesn’t claim it has been signed 5 years back or uses the same document in your name in the future.LBased on global traffic norms- pedestrians always have the first right of passage. pedestrians > cycles > cars.LIt is possible that the ARC has handed over the execution of the project to this builder for a ‘turnaround’ but you need to check with this company as well. It depends on what type of charge does the ARC have on this. Have they taken an overall charge on the entire project or land or have they taken a charge on individual apartments. Because once the project finishes, they would need to satisfy their charge otherwise the property still belongs to them.LFrom the information that you had shared, it seems that an asset reconstruction company has taken over the project because the previous builder defaulted on their loan payments to the bank or the financial institution and the bank or the financial institution has assigned their debt to this ARC. It also seems that this company intends to complete the project through a builder, but the project is still owned by the ARC for recovery of dues. RERA etc is not relevant here. Would suggest that you speak to the ARC being purchasing your house since you would need a clearance from them. It is also likely they would have set up a special bank account for payments to be paid into.LDid you uncle follow all processes , procedures and due diligence for every resident at the guest house ?LInvoke the writ jurisdiction of the relevant high court and get an order to direct the head of this department to approve the transfer. Hope there is a strong and legitimate reason for requesting this transfer.
