if pension is crediting in saving account can be attached.

varinder (Querist) 30 January 2011 This query is : Resolved
i have got saving account and the pension is crediting into the said saving account can the execution court can attached the said account in which the pension is credited into saving account under which provision

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A V Vishal (Expert) 30 January 2011
No Pension granted or continued by Government on political considerations, or on account of past services or present infirmities or as a compassionate allowance, and no money due or to become due on account of any such pension or allowance, shall be liable to seizure, attachment or sequestration by process of any Court at the instance of a creditor, for any demand against the pensioner, or in satisfaction of a Decree or Order of any such Court.

A V Vishal (Expert) 30 January 2011
Refer proviso (g) of Section 60(1) of the civil procedure code which precludes the authorities from attaching retirement benefits of a person.

s.subramanian (Expert) 31 January 2011
I agree with Mr.Vishal.

varinder (Querist) 31 January 2011
the court had attached my saving account in which pension is credited as i had filed an application for realse of said accountin which pension is crediting to the honorable court but court had dismiss my application stated that the court had attached saving account know let me know what to do

B K Raghavendra Rao (Expert) 31 January 2011
File an appeal in appellate court and take an immediate stay for execution orders.

Kirti Kar Tripathi (Expert) 31 January 2011
It is true that the pension and gratuity are immune from attachment. But the safe guard it up to the period, when it is with employer and as soon as the pension is sent to the personal account of a person, the employer has not control over it and it can be attached as at that time is not pension but an amount in the account and account can be attached.

Guest (Expert) 31 January 2011
I agree with Mr.Kirtikar Tripathi.currency in bank is no more pension.Pension is a right and the pensioners should not be deprived from his right this is the theme of legal provision it is my personal view.

malipeddi jaggarao (Expert) 31 January 2011
Pension Account can not be attached as long as only pension is being credited in the account. If other amounts are deposited in this account then the account is attachable excluding the pension amount.

Amit Minocha (Expert) 31 January 2011
show to Court that the amt credited was that of pension

Kirti Kar Tripathi (Expert) 31 January 2011
an amount is treated as Pension till the employer has control over it as soon as it passes into the hand/account of person, it loose its chartered as pension and become only money and the said money can be attached in execution.

M V Gupta (Expert) 31 January 2011
The view expressed by Mr. Kirtikar is correct. Pl see the decision of the Sc reported in AIR 1976 SC 1163 (UOI V Jyoti Chitfund) and the decision reported in AIR 1942 Sind 19 (Haasoonmal V Diavomal). The protection subsists only till the amount is with the Employer. But once the pension is paid to the Pensioner by credit to his SB A/c or otherwise it loses the immunity given to it against attachment. Hence the dismissal of your application to raise the attachment is in accordance with the above decisions. No use of filing any appeal or revision as suggested by some of the learned experts.

Y V Vishweshwar Rao (Expert) 31 January 2011
I agree with Mr M V Gupta !

The purpose of the pension and its exemption u/s 60 C P C is to Protect & financially support the Retired/pensioner ! The object of the Scheme to protect ! We have to Wait & see any favorable ruling /or/ Law -in favour of the pensioner & his pension amount in the bank account!

Ahmed Daud Girach (Expert) 02 February 2011
Pension when credited in your accounts becomes your property and loses status of pension.Suppose you have received that amount by money order and u receive it obviously it will be your money having status of cash in your hand.Pension in bank account becomes cash in your hand in bank.So let us wait for favourable ruling till then you may separate your accounts for depositing pension atleast to contend that it is a separate account of pension and can not be attached.

varinder (Querist) 08 February 2011
i came to known that some authority of supreme court/ or high court came and stated that if the pension transfer into the bank account can be attached let me know which authority came i want to read the same for my reference please help me

if pension is crediting in saving account can be attached.

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