National Trust Approval Not Required for SARFAESI Proceedings Against Property Partly Owned by Disabled Ward

P. A. Banaseer Banu Vs Canara Bank (Kerala High Court) The writ petition challenged the recovery measures initiated by the bank under the SARFAESI Act against mortgaged properties inherited by the petitioners after the death of the original borrower. The first petitioner, who had been appointed guardian of her mentally challenged adult daughter (the second petitioner), argued that the bank could not proceed against property in which the second petitioner held an undivided share without first obtaining permission from the Local Level Committee constituted under the National Trust Act. The petit...