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Section 41: Investigation of claims to property attached

The Karnataka Co-operative Societies Rules, 1960.State Rules of Karnataka · 1959

(1) Where any claim is preferred to or any objection is made to the attachment of, any property attached under these rules, on the ground that such property is not liable to such attachment, the Sale Officer shall investigate the claim or objection and make an order either rejecting the claim or allowing the claim and to that extent raising the attachment made:

Provided that the Sale Officer may refuse to investigate the claim if he considers that the claim or objection is frivolous or made on or after the date fixed for sale .

(2) Where the property to which the claim or objection relates has been advertised for sale, the Sale Officer may postpone the sale pending the investigation of the claim or objection.

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(3) Where a claim or an objection is preferred the party against whom an order is made may institute a suit within six months from the date of the order to establish the right which he claims to the property in dispute, but subject to the result of such suit, if any, the order shall be conclusive.

Where this provision sits

ActThe Karnataka Co-operative Societies Rules, 1960.
Section41
Marginal noteInvestigation of claims to property attached
JurisdictionState of Karnataka
StatusIn force as published by the source

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