Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 87: Claims and objections to attachment.
(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 85, 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 85, 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 85, 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.
Brefe Detail
This section outlines the procedure for claims and objections related to the attachment of property under the Bharatiya Nagarik Suraksha Sanhita. It specifies the timeframe within which claims can be made, the jurisdiction of courts, and the process for inquiry into such claims. Additionally, it addresses the rights of individuals whose claims have been disallowed, allowing them to institute a suit within a year.
Question & Answers
What happens if someone claims an interest in attached property?
If a claim is made within six months from the date of attachment, it will be inquired into and may be allowed or disallowed.
Who can make a claim or objection to the attachment?
Any person other than the proclaimed person who believes they have an interest in the property can make a claim or objection.
In which court can claims or objections be made?
Claims or objections can be made in the court that issued the order of attachment or in the court of the Chief Judicial Magistrate for property attached under an endorsed order.
What can a person do if their claim is disallowed?
If a claim is disallowed, the person can institute a suit within one year to establish their right to the property.
Example
1. Claim Scenario: A property is attached under section 85. A third party who has a lease on the property claims they have a right to it. They must file their claim within six months of the attachment.
2. Objection Scenario: If a person believes that their inheritance in the property is valid and should not be attached, they can file an objection in the relevant court.
Summary
Section 87 of the Bharatiya Nagarik Suraksha Sanhita establishes the framework for handling claims and objections regarding property attachments. It emphasizes the rights of third parties, outlines the court procedures for claims, and allows for further legal recourse if claims are denied.
