What are implications of getting the kurki by police under section 145 ?

120 votes

A Kurki warrant is a legal document in India that authorizes the seizure and sale of a loan defaulter's property to recover outstanding debts. It essentially allows a lender, after obtaining court approval, to take possession of and sell the borrower's assets, which could include land, homes, or other valuables, to recover the unpaid loan amount.

Under Section 145 Code of Criminal Procedure (CrPC), the police may take possession of a property and auction it off, a process known as kurki. This happens if there is a dispute over ownership or if there is a likelihood of a breach of peace in relation to the property.

Here are some implications of the kurki warrant issued by the police under Section 145:

• Loss of Possession: If the police seize your property through kurki, you will no longer have access to it until the dispute is resolved.
• Financial Loss: If the property is auctioned, you may lose it permanently and may not receive its full market value. The proceeds will be used to settle debts or claims against the property.
• Legal Consequences: If there is a dispute over property ownership, you may need to engage a lawyer, leading to legal expenses.
• Impact on Credit Score: If auction proceeds do not cover outstanding debts, it may affect your credit score and future financial dealings.
• Breach of Peace: If the dispute escalates, it may result in further legal complications or criminal charges.

It is important to note that the police can proceed with kurki only if they have reasonable grounds to believe that a property dispute exists or that a breach of peace is likely.

LawRato LawRato

746 votes

Whenever an Executive Magistrate receives a police report or other information about a property dispute likely to cause a breach of peace, they may issue a kurki notice. This notice requires the involved parties to appear before the court on a specified date with written statements regarding their possession of the disputed property.

For the purposes of this section, the term "land or water" includes buildings, markets, fisheries, crops, and rents or profits from such property. A copy of the kurki notice is served in accordance with legal procedures, and another copy is affixed at a conspicuous place near the disputed property.

The magistrate then:

• Reviews the submitted statements.
• Hears both parties.
• Examines evidence.
• Determines which party was in possession of the property at the time of the order.

If it is found that a party was forcibly dispossessed within two months before receiving the report, the Magistrate may restore them to possession. If no such dispute exists, the kurki notice is canceled, and further proceedings are stopped.

The final kurki warrant order prohibits interference with the possession of the declared party until eviction occurs through due legal process. If a party involved in the dispute dies, their legal representatives may be made a party to the proceedings.

In some cases, the Magistrate may order the sale of perishable property or its proper custody. The court may also summon witnesses or require documents during the process.

The Magistrate retains the authority to proceed under Section 107 CrPC if necessary.

Advocate Siddhant Sharma LawRato