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Rajeshwari (house hold)     05 February 2014

Attachment of property which is sold 24 months back

Dear forum members, following is the case:  Please advise.

 

One property is sold during early  2012.  The seller made some financial fraud during the year 2012-13 with public.  Some investers made criminal case against the person.  But as the person has already sold his property to third person and absonded, the sale procedure was with the Sub Register.    A Criminal case was booked during early 2013 on the absonded persons, as the whole family absonded.  

 

Police department prayed the court for attachement of the property sold during 2012 which is now not belongs to the accused.  And the purchaser  is in no way  having any link with the financial fraud.  and an innocent person.  

 

The court has given an attachment order stating that the property should be attached under section 83 (4) of Cr.p.c. 

 

Forum members please advise how can a court give attachement orders which does not belong to the accused and which was sold more than 2 years back to some body else through registered sale deed.    

 

thanks for going through the case.  Please advise.

 

 

 



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 3 Replies

adv.raghavan (Advocate,9444674980)     05 February 2014

Since you are affected party, you can very well contest the order.

Rajeshwari (house hold)     05 February 2014

hello Mr.adv.raghavan Sir, thanks for your advise.

 

Can you please give the details of the Rules/clasues of Cr.P.C etc.

 

please forum members give some clues.

 

thanks for reading.

 

T. Kalaiselvan, Advocate (Advocate)     06 February 2014

You can find the relief in section 84 of Cr.P.cc, please go through the provisions and decide next course of action.


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