SPECIAL PROVISIONS REGARDING ATTACHMENT OF PROPERTY

March 30, 2021

At the outset it is important to know that what property can be attached and what property cannot be attached in the process of execution of decree passed by courts.

Property liable to attachment and sale – these kinds of property are liable to be attached and sold in execution of a decree – i) land, ii) houses or other buildings, iii) goods, iv) bank notes, v) cheques, bills of exchange, hundi, PN, vi) Govt. securities, bonds, vii) debts, viii) shares in a corporation, ix) all other saleable property, movable or immovable, belonging to the judgement debtor.

It is immaterial whether such property is held by the Judgement Debtor in his own name or by any other person in trust for him or on his behalf.

Having said that there are properties which are exempted from attachment and sale in execution of decree –a) necessary wearing-apparel, cooking vessels, bedding of the Judgment Debtor, his wife, and children, b) tools of artisans and where Judgment –Debtor is an agriculturist, his implements of husbandry, and such cattle and seed-grain as may, in the opinion of the court, be necessary to enable him to earn his live hood as such, c) houses and other buildings belonging to an agriculturist or a labourer or a domestic servant and occupied by him, d) books of accounts, etc.

Author:
Dr. Ram Niwas Sharma, Associate Professor, Unitedworld School of Law (UWSL)

Disclaimer: The opinions / views expressed in this article are solely of the author in his / her individual capacity. They do not purport to reflect the opinions and/or views of the College and/or University or its members.