Claims and objections to attachment
AI Assist
Summary
Within six months, anyone except the proclaimed person may claim an interest in attached property; the court will inquire and may allow or reject the claim wholly or partly. If the claimant dies, a legal representative may continue the claim. The attaching court or the Chief Judicial Magistrate where the attachment was made hears the claim (the CJM may send it to a subordinate magistrate). If disallowed, the person may sue within one year, but the attachment order remains in force until the suit is decided.
Example
Priya's small shop was attached under an order against the proclaimed person. Within six months Priya claims the stock belongs to her and is not liable to attachment. The court will inquire and may allow or reject her claim; if disallowed she can file a civil suit within one year to establish ownership, but the attachment remains effective until the suit is decided.
Bare Act
Enacted text(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 83, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:
Provided that any claim preferred or objection made within the period allowed by this Sub-Section may, in the event of the death of the claimant or objector, be continued by his legal representative.
(2) Claims or objections under Sub-Section (1) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under Sub-Section (2) of section 83, in the Court of the Chief Judicial Magistrate of the district in which the attachment is made.
(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made:
Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed in whole or in part by an order under Sub-Section (1) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall be conclusive.
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