A

PROJECT ON

Critical analysis for seizure of

property in dwelling house
PROJECT SUBMITTED TO:- PROJECT SUBMITTED BY :

Mr. shreyas vyas Sanjay choudhary

(Faculty of- Civil Procedure Code) Roll No. 136

Semester- IX

SEC.-B
(B.A., L.L.B (Hons.))

(DATE OF SUBMISSION- 21/08/2017)

HIDAYATULLAH NATIONAL LAW UNIVERSITY

UPARWARA, NEW RAIPUR (C.G.)
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 CERTIFICATE OF DECLARATION

The researcher hereby declares that the project work entitled “critical analysis for seizure of
property in dwelling house“ submitted to Hidayatullah National Law University, Raipur, is a
record of an original work done by the researcher under the guidance of Mr. shreyas vyas,
faculty member of civil procedure code (CPC), Hidayatullah National Law University Raipur.
The research done by the researcher is his own original work and wherever excerpts from the
works of different authors have been taken, they have been duly acknowledged.

Declared By:

Sanjay choudhary
Roll No. 136
Section-B
Semester- IX

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 TABLE OF CONTENTS

Certificate of Declaration…………………………………………………………………
Research Methodology………….......................................................................................
Objectives of the study………..…….....................……....................................................
Introduction…………………………………………………………………...…….……
Seizure of property in dwelling house……………………………………………………
What is not subject to seizure and how to dispute the decision of court on seizure of property

Property not subject to confiscation and seizure by court decision

How to remove seizure of property………………………………………………………

Landmark cases and judgements…………………………………………………………

Bibliography.......…………………………………………………………………………
Webliography......................................................................................................................

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RESEARCH METHODOLOGY

This research is descriptive and analytical in nature. Secondary and electronic resources have
been largely used to gather information and data about the topic.

Books and other reference as guided by the faculty have been primarily helpful in giving this
project a firm structure.

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 OBJECTIVES OF THE STUDY

To study the whole analysis on how the seizure of property in a dwelling house
affects the property of the owner who has the possession of the property under a
dwelling house

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 INTRODUCTION

Seizure of property in dwelling house

(1). No person executing any process under this Code directing or authorizing seizure of
movable property shall enter any dwelling house after sunset and before sunrise.

(2). No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the
occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but
when the person executing any such process has duly gained access to any dwelling-house, he
may break open the door of any room in which he has reason to believe any such property to be.

(3). Where a room in a dwelling-house is in the actual occupancy of a woman who, according to
the customs of the country, does not appear in public, the person executing the process shall give
notice to such woman that she is at liberty to withdraw; and, after allowing reasonable time for
her to withdraw and giving her reasonable facility for withdrawing, he may enter such room for
the purpose of seizing the property, using at the same time every precaution, consistent with
these provisions, to prevent its clandestine removal.

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Section 62 of Civil Procedure Code of India – Seizure of property in
dwelling-house.

Seizure of property – is an unpleasant, but at the same time necessary measure considered by
legislation of our country in certain situations. In this article you will find out in which cases
seizure of property can be imposed, what does it involve and how to remove it.
Seizure of property is an encumbrance, exactly the restriction that is arisen not at your own will,
but on the basis of law. Seizure limits the ownership, use or disposal of your property. In other
words, seizure of property - is a ban on making of any transactions with the property. Seizure
may be imposed by the court, bailiff, body of inquiry of preliminary investigation, and
sometimes tax committee of the Ministry of Finance (in cases of non-redemption debts for tax).
Owner of seized property to who it is handed for keeping must ensure its safety. Make
transactions with seized property will be possible only when the seizure will be removed.
If for example you have a share for property (share for apartment, car, ect) then the seizure will
be imposed only on your part. In this case, seizure deprives of the opportunity to make
transactions with the property of other participants, it means that to sell or share this property is
also impossible until the seizure will be removed.

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What is not subject to seizure and how to dispute the decision of court
on seizure of property

According to the article 161 of the Code value of the property which is subject to seizure to
secure a civil claim made by a civil plaintiff or prosecutor cannot exceed the amount of claim.
Seizure cannot be imposed on the property which is essentials as well as on other items the list
of which is determined by legislation.
Seizure may be imposed on a property of other persons if there are reasonable grounds to believe
that it was obtained as a result of criminal actions of the suspect person or was intended for the
use as an instrument of crime, or for financing of extremism, terrorism, organized group, illegal
military formation of criminal community.

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Property not subject to confiscation and seizure by court decision

Confiscation is not extended to property types and items necessary to convict person and his
family (persons, depended on him) and belonging to him on the right of private property or his
share in joint property:-

 Dwelling house, apartment or their individual parts, if the convict person and his family
constantly reside there.

 Land parcels which locate house and household buildings not subject to confiscation, and
land parcels necessary for part-time farming management.

 Persons, the main activity of who is agriculture,- household buildings and livestock in
quantity required for satisfaction of his family wants and animal food.

 Seeds necessary for regular crop of agricultural cultures.

 Household furnishing , utensils, clothing:
 clothes, shoes, underwear, bedding, kitchen and dining utensils that were used; fur and
other valuable clothing, dining sets, subjects made of precious metals andhaving art
treasures;

 furniture minimally necessary for the convict person and his family;
 all children's subjects.

 Food products in quantity necessary for the convict and his family until the next harvest, if
the main convict person’s activity is agriculture, and in other cases - food products and
money for the total amount established by the Government of the Republic of Kazakhstan
 Fuel for cooking and heating of family.

 Inventory (including manuals and books) required for continuance of professional training of
convict person, except cases when convicted by a court decision deprived of the right to do
relevant activities or when inventory used by them to commit crimes.

 Transportation specially designed for movement of disabled people.

 International, state and other prizes by which the convict person was awarded.
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How to remove seizure of property

Of course, the first and most important aspect to remove seizure is termination of situation,
because of which it was imposed.
If custody was imposed by the court of civil affair, then the custody in accordance with Article
167 of the Code is terminated when the decision on abandonment of a claim is effective or while
execution of court decision on upholding of a claim.
Seizure can be removed by the same court which considered the case on its imposition, by the
appeal of parties or by own initiative. One should note that the application cannot be submitted
by outside parties who had no relation to the process.
It can be the Decree of the officer of justice in accordance with Article 47 of the Law of
the Republic of Kazakhstan "On executive production and status of the officers of justice" on
termination of executive production.
The Court makes a decision to remove a seizure or may refuse, but within 10 calendar
days from the moment of decision making, you can appeal the decision in appellate instance.
Seizure will be removed as the court decision comes into force.

Custody of the property can be cancelled by the officer of justice after full execution of the court
act requirements, after execution sanction payment amounted 10% to the republic budget,
payment of private officer of justice activity.
There are two reasons by which the bailiff can impose a seizure on your property:
1) if the court ordered the seizure of property;
2) during the execution of court decision on the collection of money or property from the debtor.
To remove a seizure in such situation first of all you must repay the debt and notify the bailiff
who imposed a seizure about it (see what to do if you can’t go abroad because of debts). After
the bailiff will send the provision to the state body and termination of encumbrance will be
registered, seizure will be removed.
If a seizure was imposed during criminal proceedings, i.e. by interrogation officer with the
sanction of prosecutor or the court, then the seizurewill be removed after preliminary
investigation, if the case is closed. If the case will be passed to the court, the decision on the
removal of seizure will be made at the court in the case of conviction or acquittal.
Pay attention as soon as you have completed all necessary procedures on seizure removal: paid
debts, executed injunction, ect. You must apply to the court or state body (depend on the
situation) for removal of property seizure. More often in course of long processes or because of
loss of parties interest to the court or due to inattention seizure can be steel imposed, however
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the reasons by which it was imposed are depleted.

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Landmark cases and judgements

India's Important Case Laws and Landmark Judgments on Civil Procedural Law i.e. CPC -
Section 62 Of Civil Procedure Code, 1908:-

The Daily Calendar Supplying vs The United Concern on 16 January, 1964

Lok Nath Prasad Gupta vs Bijay Kumar Gupta on 20 January, 1995

Grace Isabel Stuedman vs Anneley Eliardo Beresford De on 27 May, 1943

Kidar Nath Datt And Ors. vs Kishan Das Bairagi And Ors. on 10 January, 1957

Mewa Lal Sahu And Anr. vs Kumerji Jha And Ors. on 18 February, 1909

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WEBLIOGRAPHY

1.www.civilprocedurecode.com
2 www.lawnotes.in
3. www.vakilno1.com

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