• Attachment of properties

What are the records/ evidences / proofs we need to provide to the presiding officer, to get the property of the defaulter to be attached in the court of law?
are there any specific records required as per the law to the attachment of properties. if not what are the records /evidences we need to provide to the court of law.
whether the properties can be attached other than in the institutions of DRT/ civil court/High court etc.
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1) Section 25 of the recovery of debts Act to banks and FI 1993 prescribes various modes of recovery of the amounts indicated in the certificate. One of them is attachment and sale of immovable property of the judgment debtor. "S.25. The Recovery Officer shall, on receipt of the copy of the certificate under sub-section (7) of section 19, proceed to recover the amount of debt specified in the certificate by one or more of the following modes, namely:- (a) attachment and sale of the ***immoveable property of the defendant

2) The Second Schedule of the Income Tax Act read with the Income Tax Certificate Proceedings Rules, 1962, for short 'the 1962 Rules', prescribe the procedure for recovery of the amounts due pursuant to a certificate issued under Section 222 of the Income Tax Act. Part III of the Second Schedule prescribes the procedure for the attachment and sale of immovable property.

3) you need to make specifc averment that defaulter is the owner of property in dispute . enclose document in your possession that defaulter is the owner of said property .

Ajay Sethi
Advocate, Mumbai
97334 Answers
7865 Consultations

1. The property can be attached in execution proceedings if the decree of the civil court has not been obeyed. You have to furnish the list of properties to the executing court so that it can order attachment.

2. The criminal court can also order the execution of the property in certain circumstances.

Ashish Davessar
Advocate, Jaipur
30780 Answers
974 Consultations

If you have filed money recovery suit and would desire to attach the property before judgment as collateral, then you may have to produce the evidence of property lying ion the name of the debtor, by filing a certified registration copy of the title deed.

Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor.

‘An attachment before judgment is to enable the plaintiff to realize the amount of the decree, supposing a decree eventually made, from the defendant property’. This is the object of the Order 38 rule 5 of The Civil Procedure Code,1908 (herein after referred as CPC).

There is some difference between ‘attachment prior to decree’ and ‘attachment after decree’. Of course, if an attachment is ordered before judgment, no need to re attach the same property after decree.

Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,-

the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why he should not furnish security.

The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.

In general an attachment means the legal process of seizing property to ensure satisfaction of a judgment.

The document by which a court orders such a seizure may be called a writ of attachment or an order of attachment.

The plaintiff may have to include documents or other evidence to support the claim that he or she will probably win the lawsuit, and the individual usually is required to make the application under oath. States generally require that the plaintiff post a bond or undertaking in an amount sufficient to secure payment of damages to the defendant if it turns out that the plaintiff was not in fact entitled to the attachment.

T Kalaiselvan
Advocate, Vellore
87534 Answers
2349 Consultations

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