Claims and objections to attachment.

What this section does

Any person other than the proclaimed person may prefer a claim or objection to the attachment of property under section 85 within six months of attachment, on the ground that they have an interest in the property not liable to attachment. Such claims are inquired into by the Court that issued the attachment order, or by the Chief Judicial Magistrate if the attachment was endorsed under section 85(2). A person whose claim is disallowed may institute a civil suit within one year of the order to establish their right.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Court · Chief Judicial Magistrate · Claimant/Objector · Legal representative of deceased claimant

Time limit

Claim or objection must be filed within 6 months of attachment; suit to establish right must be filed within 1 year of disallowance order

Derived from CrPC s.84.