Section 87 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi
- (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.
Summary
- Third parties can file claims or objections against property attached under section 85 within six months of the attachment.
- Claims or objections can be continued by the legal representative of a claimant or objector if they pass away.
- The Court that issued the attachment order, or the Chief Judicial Magistrate in specific cases, is responsible for inquiring into and deciding on these claims.
- If a claim is rejected, the individual has one year to file a civil suit to establish their rights to the property.
- The court's order becomes conclusive if no civil suit is filed within the one-year period.
Practical examples
FAQ
1. Who is eligible to file a claim or objection regarding attached property?
Any person other than the proclaimed person who has an interest in the property that they believe is not liable to attachment under section 85.
2. What is the time limit for filing a claim or objection?
A claim or objection must be filed within six months from the date of the attachment.
3. Can a Chief Judicial Magistrate transfer a claim for disposal?
Yes, a Chief Judicial Magistrate may make the claim or objection over for disposal to any Magistrate subordinate to him.
4. What happens if a claim is disallowed by the Court?
The person may institute a suit to establish their right to the property within one year from the date of the order.
Test yourself
Q1.Under Section 87 of The Bharatiya Nagarik Suraksha Sanhita, 2023, what is the time limit for a third party to file a claim against an attachment?
Q2.Who is NOT allowed to make a claim or objection under Section 87 of The Bharatiya Nagarik Suraksha Sanhita, 2023?
Q3.If a claim is disallowed, how long does the person have to start a civil suit under Section 87 of The Bharatiya Nagarik Suraksha Sanhita, 2023?
Q4.Under Section 87 of the Sanhita, where can an objection be filed if the property was attached under an order endorsed in a different district?