Skip to main content

Attachment and sale of property in Execution of Decree

 Attachment and sale of property in Execution of Decree


  • It is considered as execution of decree against property of the judgement debtor. 

  • Rules governing attachment: 

    • A warrant of attachment is issued by the Court in case a party neglects the degree or if a party dishonestly transfers, conceals or removes his property from the territorial jurisdiction or his ownership.

    • Property that cannot be attached is laid down in Section 60. 

    • Subject to these exceptions, all saleable property can be attached. 

    • Saleable property can be 

  • movable 

  • immovable: Attachment is through an order prohibiting the judgement debtor from transferring or dealing in the property (injunction). This court order is affixed on a conspicuous part of the property and at the court house. This affixation of court order is called proclamation. 

  • If a claim is raised related  to the attachment of any property attached in execution of a decree on the ground that such property is not liable to such attachment, then (Rule 58):

  • The execution will be done by the execution court.

  • All questions can be adjudicated and shall be determined by the Court dealing with the claim and not by a separate suit.

  • Rule 58 also lays down the reliefs available

  • If a decree is passed under this rule, a person has the right to file an appeal against the same. If the court refuses to entertain the claim, then the party may institute a suit. 

  • An advertisement for sale of property must contain:

  • Details of the property

  • Intended date, time and place of sale

  • The sale will be conducted by way of an auction

  • No sale should take place until expiry of 15 days from the date of the advertisement for immovable property and at least 7 days for movable property.

  • If an advertisement has been given out for the property and the claim has been raised subsequently, then one can have a stay of sale for the same (Rule 59).

  • Consent decree : if one satisfies the decree on behalf of the principal debtor, then he can step into the shoes of judgement creditor and hold a claim against the debtor for the amount which he had paid on debtor’s behalf i.e. subrogation.  

  • If there is an irregularity in the conduct of the sale of attached property, then the sale will not be set aside. Individual seeking relied against such irregularity will have to raise a claim by way of suit against the person responsible for irregularity. 

  • Only the purchaser can file a suit for specific performance for possession of property if he does not get it at the end of sale or compensation in default of possession. 

  • If the purchaser is resisted by taking possession of the property, he may make an application to the court complaining of such resistance and the court may fix a day for investigation of the matter and will summon the party against whom application is made to appear and answer the same.

  • Precept : If the property is situated beyond the territorial jurisdiction of the execution court and is required to be attached, then the court on application of the decree holder will issue a precept to the court in whose jurisdiction the property lies to attach the party. 

Comments

Popular posts from this blog

INCOME TAX SECTION 32AD - Investment in new plant or machinery in notified backward areas in certain States

 Description (1) Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed. (2) If any new asset acquired and installed by the assessee is sold or otherwise transferred, except in connection with the amalgamation or demerger or re-organisation of business referred to in clause (xiii)or cla

60 Minute Marriage Counselling Session On Phone

Description A 60 minute phone call with an expert Marriage\Relationship Counselor to discuss your marriage\relationship related issues. Counselling aims to resolve issues and improve communication in a relationship. Couples’ counselling works with both people in the relationship, however sessions can start with one individual, working towards the involvement of the other partner. What's Included a) 60 minute phone call with the counselor where you can discuss all your issues and seek guidance. What's Not Included a) Counselling session via meeting

Send Legal Notice for Divorce

 India being a secular country derives a large part of its laws from various religious practices. One such area of law is Divorce law of India. A divorce case in India can be initiated by either party based on the procedure relevant as per the law applicable to the parties. However, the procedure for divorce always starts with sending a legal notice.   Either party can send a legal notice to the other spouse intimating his/her intent to initiate legal proceedings for divorce. Sending a legal notice acts as a formal way of communication by one party to the other acting as a warning and at the same time creating chances for a last attempt for conciliation, if possible. Connect with an expert lawyer for your legal issue   What is a legal notice for divorce? A legal notice refers to a formal communication to a person or the opposite party in a case, informing him/her about one’s intention to undertake legal proceedings against him/her. Therefore, a legal notice for divorce is a formal inti