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Execution case. I m legal hier of judgement please help ment debtors
21-Mar-2025 (In Property Law)
Is there any law of one main residenal house can not be attached
Dear client,
In India, a residential house can be attached in case of a court decree, recovery proceedings, or insolvency, unless exempted by specific laws. Under CPC Section 60, certain properties are exempt from attachment, including a house belonging to an agriculturist, laborer, or domestic servant. Additionally, under SARFAESI Act, banks can attach properties for loan defaults, except in special cases like homestead exemption in some states. If the house is a sole residence, some relief may be available under state-specific tenancy or debtor protection laws. A detailed case-specific legal opinion is advisable.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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No there is no such law. In case there is a decree against the judgement debtor, it must be fulfilled- so long as the assets/ property are in the name of the judgement debtor Please feel free to reach out with your complete documents and details for more detailed and tailored advice.
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