Section 87: Claims And Objections To Attachment
Code: BNSS Section 87
Explanation:
This section deals with the procedure for claims and objections to attachment of property under Section 85 of the BNSS. It outlines the process for individuals who believe they have an interest in the property attached and that their interest is not liable to attachment under Section 85.
Illustration: Claims And Objections To Attachment
Suppose a person, ‘A’, is a proclaimed offender. The police attach a house belonging to ‘B’ under Section 85, believing it to be owned by ‘A’. However, ‘B’ claims ownership of the house and files a claim within six months of the attachment. The court will then inquire into this claim and decide whether the house is actually owned by ‘B’ and not liable to attachment under Section 85. If the claim is allowed, the attachment will be lifted.
Common Questions and Answers: Claims And Objections To Attachment
- Q: Who can claim or object to the attachment under Section 87?
A: Anyone other than the proclaimed person can claim or object to the attachment, provided they have an interest in the property and believe their interest is not liable to attachment under Section 85. - Q: What is the timeframe for making a claim or objection?
A: The claim or objection must be made within six months of the attachment date. - Q: What happens if the claimant or objector dies before the claim is finalized?
A: The legal representative of the deceased claimant or objector can continue the claim. - Q: Where can the claim or objection be made?
A: The claim or objection can be filed in the court that issued the order of attachment or in the Court of the Chief Judicial Magistrate of the district where the attachment was made, if the property was attached under an order endorsed under Section 85(2). - Q: What happens if the claim or objection is disallowed?
A: The person whose claim or objection has been disallowed can file a suit within one year to establish their right to the property. However, the order disallowing the claim will be conclusive unless the suit proves otherwise.
