• Sale of unclaimed property

One enforcement officer seized one property and it is kept for a long time and it was published in news paper. The owner of the vehicle did not respond and not showed any interest in that. So the enforcement officer can sell the property on auction basis?
Asked 7 years ago in Civil Law

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5 Answers

Sale of property can be done as per court orders

2) attached property of a proclaimed offender other than that ordered by the Court immediately to be sold under the provisions of (Section 83 of the Criminal Procedure Code, shall not be sold until the expiration of six months from the date of attachment and until all claims preferred or objections made under Section 83 have been disposed of.

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. Under which provision of law was the property seized? Was the seizure made on court orders?

2. Within the sweep of section 83 Cr.P.C.until 6 months have expired from the date of seizure.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. On what ground and under which section the enforcement officer had seized the said vehicle?

2. if the seizure was conducted as per law then the enforcement directorate is within its right to sell off the said vehicle to public.by auctioning it.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

if property is unclaimed after 90 days from the date of publication of advertisement then it shall be subject to public auction because it is in interest of the owner. it is better to sell the property instead of leave it for perish.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

The enforcement officer can proceed with the proposed auction sale as per the provisions of law.

The Compliance of necessary formalities is vital without which it may be considered as an illegal act.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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