Description

1. If any claim is made, or objection is raised, regarding the attachment of property under Section 83, within six months from the date of attachment, by a person other than the proclaimed person, on the basis that the claimant or objector has an interest in the property and that such interest is not subject to attachment under Section 83, the claim or objection shall be examined by the Court. It may be allowed or disallowed, either in whole or in part.
2. Provided that if the claimant or objector dies within the period allowed under this subsection, the claim or objection may be continued by his legal representative.
3. Claims or objections may be made in the Court that issued the attachment order. If the property was attached under an order endorsed under Sub-section (2) of Section 83, claims or objections must be made in the Court of the Chief Judicial Magistrate of the district where the attachment occurred.
4. Every such claim or objection shall be inquired into by the Court in which it is made.
5. Provided that if the claim or objection is made in the Court of a Chief Judicial Magistrate, the Magistrate may transfer it to any subordinate Magistrate for disposal.
6. Any person whose claim or objection is disallowed in whole or in part by an order under Sub-section (1) may, within one year from the date of the order, institute a suit to establish the right they claim in the disputed property. However, subject to the result of the suit, if any, the order shall remain conclusive.