Attachment of rented property
rajan chopra
(Querist) 04 April 2017
This query is : Resolved
Sir in an application u/s 83 Cr.P.C being filed by me the Court has ordered for attachment of immovable property of the proclaimed absconder.The concerned Tehsildar in compliance of the court order has submitted report that as the property has already being rented and the authorities are not competent to throw out the tenants and to physically attach the property.Is this move of the authorities right as per law and what should we do to secure our interest ?
Dr J C Vashista
(Expert) 05 April 2017
Property of accused has to be attached before declaring him/her as PO, isn't it?
If property X has been rented out, the accused/so-called PO must be occupying some other property owned by accused, for attachment, discuss with Tehsildar/SDO.
Your interest is already secured by issuance of orders by the Court for attachment of property of the accused.
What is the opinion/advise of your lawyer? Prima facie it is an academic exercise.
Rajendra K Goyal
(Expert) 05 April 2017
All documents need to be referred, discuss with your lawyer.
