Demand Notice under Section 13(2) SARFAESI Act Format
A Section 13(2) SARFAESI notice is a secured lender’s statutory demand asking a borrower whose account is classified as a non-performing asset to repay the full secured debt within 60 days, failing which the lender may take possession of the secured assets under Section 13(4). It must give details of the dues and the secured assets to be enforced.
When to send this notice
Use this format if you are a bank, a notified NBFC or another secured creditor entitled to use the SARFAESI Act, the borrower’s account has been classified as an NPA under RBI norms, and the debt is secured by a security interest that the Act allows you to enforce. Borrowers who receive such a notice should use it to check the dues and send a representation under Section 13(3A) rather than ignore it.
Statutory basis
Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 allows a secured creditor, when a borrower in default has an account classified as an NPA, to require the borrower by written notice to discharge liabilities in full within 60 days, failing which the creditor may exercise the measures in Section 13(4). The notice must give details of the amount payable and the secured assets intended to be enforced. Under Section 13(3A) the creditor must consider any representation or objection from the borrower and communicate reasons for not accepting it, within the period prescribed by the Security Interest (Enforcement) Rules, 2002. Under Section 13(13) the borrower cannot transfer the secured assets without consent after receiving the notice. The Act does not apply to small loans below the threshold in Section 31 or to agricultural land, and NBFCs can use it only if notified and within the prescribed asset-size and loan thresholds. A borrower aggrieved by Section 13(4) measures can appeal to the Debts Recovery Tribunal under Section 17.
[ON THE LETTERHEAD OF THE SECURED CREDITOR — AUTHORISED OFFICER] By Registered Post A/D / Speed Post / Courier & Email Date: [DD/MM/YYYY] Ref. No.: [___] To, 1. [Name of Borrower], [Address] 2. [Name of Co-borrower / Guarantor / Mortgagor], [Address] Subject: Demand notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, read with the Security Interest (Enforcement) Rules, 2002. Sir/Madam, 1. That at your request, [Name of Secured Creditor] (the "secured creditor") sanctioned and disbursed the following credit facilities to you, which you agreed to repay with interest as per the terms of the loan documents: Facility | Account No. | Sanction Date | Sanctioned Amount (Rs.) [___] | [___] | [___] | [___] 2. That to secure repayment, you created security interest over the assets described in the Schedule below by [registered mortgage / deposit of title deeds / hypothecation] under documents dated [DD/MM/YYYY], [which has been registered with CERSAI under Security Interest ID ___]. 3. That you have defaulted in repayment of principal and interest, and the account(s) were classified as a Non-Performing Asset on [DD/MM/YYYY] in accordance with the directions and guidelines of the Reserve Bank of India. 4. That as on [DD/MM/YYYY], a sum of Rs. [Total Outstanding] (Rupees [in words]) is due from you, comprising principal Rs. [___], interest Rs. [___] and other charges Rs. [___], together with further interest at the contractual rate from [DD/MM/YYYY] until payment (statement enclosed). 5. You are hereby called upon to discharge in full your liabilities of Rs. [Total Outstanding] with further interest and charges within sixty (60) days from the date of this notice, failing which the secured creditor shall be entitled to exercise all or any of the rights under Section 13(4) of the Act, including taking possession of the secured assets, without further reference to you. 6. Your attention is invited to Section 13(8) of the Act regarding the time available to redeem the secured assets, and to Section 13(13), under which you shall not transfer by sale, lease or otherwise any of the secured assets referred to in this notice without the prior written consent of the secured creditor. 7. You may make any representation or raise any objection to this notice, which shall be considered in accordance with Section 13(3A) of the Act. SCHEDULE OF SECURED ASSETS [Full description of each property / asset: survey or plot no., area, boundaries, address; or description of hypothecated assets.] This notice is without prejudice to the secured creditor's other rights and remedies, including proceedings before the Debts Recovery Tribunal and against guarantors. [Name], Authorised Officer [Name of Secured Creditor] [Place]
Replace every [placeholder] with your own details before use.
How to send this legal notice
From draft to proof of delivery and the next legal step.
Confirm the lender is entitled to use SARFAESI (bank or notified NBFC within thresholds) and that the loan is not excluded (small loan or agricultural land).
Confirm the NPA classification date under RBI norms and prepare an up-to-date statement of dues.
Issue the notice in the name of the Authorised Officer to all borrowers, guarantors and mortgagors, with a full schedule of secured assets.
Serve it as required by the Security Interest (Enforcement) Rules, and publish it in newspapers if personal service fails.
Consider and reply to any Section 13(3A) representation with reasons, within the prescribed time.
After 60 days, if dues remain unpaid, proceed under Section 13(4) following the Rules, and track any Section 17 appeal.
Frequently asked questions
What can a borrower do after receiving a Section 13(2) notice?
Check the dues and NPA date, pay or seek restructuring, and send a written representation under Section 13(3A), which the lender must consider and answer with reasons. Measures under Section 13(4) can be challenged before the DRT under Section 17.
Can SARFAESI be used for any loan?
No. It is excluded for unsecured loans, agricultural land and loans below the threshold in Section 31 of the Act, and NBFCs can use it only if notified and within prescribed asset-size and loan-amount limits.
Is a Section 13(2) notice the same as a recovery agent’s notice?
No. It is a statutory notice issued by the lender’s Authorised Officer. Recovery agents must follow RBI’s fair-practice and recovery-agent rules, which prohibit harassment.
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