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Attachment of Undivided Share under Order XXI
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Attachment of Undivided Shares
Several cases highlight that attachment under Order XXI, Rule 58 CPC pertains to undivided shares in joint family or co-parcenary properties. For example, in Sundaramurthi Gramani VS Kesava Naicker - Madras, the court recognized that the auction purchaser obtained only an undivided half share after attachment and sale, emphasizing that attachment affects undivided interests rather than entire properties unless explicitly ordered.
Similarly, in TCI Finance Limited VS S. Janaki - Telangana, the property was reconstructed with the claim petition declaring the petitioner as the absolute owner of an undivided share, and the attachment was set aside when the claim was upheld, indicating that attachment can be limited to undivided shares. -
Legal Proceedings and Claims under Order XXI, Rule 58
Multiple cases, such as Bank of New India Ltd. VS Sukumari Ponnamma - Kerala and Venkatachella Reddy VS Muthialu Reddy - Madras, demonstrate that claimants can object to attachment of undivided shares under Order XXI, Rule 58 CPC. Courts have reversed or upheld attachments based on the validity of claims, with some rulings clarifying that attachment affects only the specific undivided share, not the entire property unless a partition or sale of the whole is directed. -
Scope and Limitations of Attachment
Case Lakshmi Devi VS Kala Devi - Allahabad discusses that attachment of joint family property without prior order under Rule 58 is generally not maintainable, underscoring the procedural requirement that attachment of undivided shares must follow proper legal steps. Furthermore, FIRM GOVINDRAM DWARKADAS VS NATHULAL - Nagpur emphasizes that rights of co-parceners and the effect of partition influence whether undivided shares can be attached or sold. -
Order XXII Rule 63 and Property Rights
Several cases, such as FIRM GOVINDRAM DWARKADAS VS NATHULAL - Nagpur, analyze the applicability of Order XXI, Rule 63, which pertains to establishing property rights and the effect of partition. When a share is divided or a claim is upheld, the attachment of undivided shares may be set aside, especially if the right to sell or attach is terminated by partition or legal declaration. -
Procedural Aspects and Challenges
Challenges such as irregularities, non-service of notices, or collusion are discussed in Papathi VS Thavasu Mani - Madras, which highlight procedural safeguards when attaching undivided shares. Courts scrutinize whether proper notices and legal procedures were followed before confirming attachment or sale.
Analysis and Conclusion
Attachment of undivided shares under Order XXI CPC is permissible but subject to strict procedural requirements. Courts recognize that such attachment affects only the specific undivided interest unless the entire property is ordered to be sold or partitioned. Claimants can object to attachment under Rule 58, and courts may set aside or uphold attachments based on evidence of ownership, partition, or procedural compliance. Proper application of Rules 58 and 63 is crucial, especially in joint family properties, to ensure rights are protected while enforcing decrees.
References: - Sundaramurthi Gramani VS Kesava Naicker - Madras - Bank of New India Ltd. VS Sukumari Ponnamma - Kerala - TCI Finance Limited VS S. Janaki - Telangana - JACOB KALLUMMOODAN vs LANCY FERNANDEZ - Kerala - Venkatachella Reddy VS Muthialu Reddy - Madras - M. Ramachandra S/o Late M. Purushotham vs S. Lacchanna S/o Late S. Hanumanthappa - Karnataka - Papathi VS Thavasu Mani - Madras - Ashok Yadav VS Mary Karuna Pushpa Terasa Toppo - Delhi - Lakshmi Devi VS Kala Devi - Allahabad - FIRM GOVINDRAM DWARKADAS VS NATHULAL - Nagpur
Search Results for "Attachment of Undivided Share under Order Xxi"
1972 0 Supreme(Mad) 206 • India - Madras
VENKATARAMAN
half share and that his undivided half share should be released from attachment. ... . - APPLICABILITY - AUCTION PURCHASER - ENTITLED TO UNDIVIDED HALF SHARE - DELIVERY OF ENTIRETY OF PROPERTIES - APPELLANT DID NOT ... Fact of the Case: Appellant filed a claim petition under Order XXI, Rule 58, Civil P. ... C. contending that the properties were the joint family properties of himself and his brother Munuswami Gramani, that there had been no divisio....
1960 0 Supreme(Ker) 146 • India - Kerala
M.MADHAVAN NAIR, MOHAMMED AHMED ANSARI, VAIDIALINGAM
The respondent, daughter of the second defendant, objected to the attachment under Order XXI, R.58 CPC, contending that the second ... Final Decision: The court reversed the lower court's order and restored the attachment of the second defendant's share in ... and restoring the attachment. ... The respondent, who is the daughter of the second defendant, preferred a claim under Order XXI, R.58 CPC. objecting to that attach....
2023 0 Supreme(Telangana) 297 • India - Telangana
A. VENKATESHWARA REDDY
Civil Procedure Code,1908 - Order-XXI Rule-58 and 64 - Securitisation and Reconstruction of Financial Assets ... 1) - Executed a sale certificate - Reconstruction of Financial Assets and Enforcement of Security Interest - Claim petition and attachment ... schedule property was set aside declaring the claim petitioner as absolute owner of suit schedule property - Feet together with the undivided ... Meanwhile, sixth respondent-bank has filed an application under Order-XXI Rule 58 of CPC....
2025 Supreme(Online)(Ker) 46724 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sathish Ninan, P. Krishna Kumar, JJ
The appellate court held the execution sale valid, determining the rights affected only one-half undivided share of the property. ... The claim petition by the wife of the judgment debtor (E.A.No.326 of 2023) under Order XXI Rule 58 of the Code of Civil Procedure, related to one-half undivided share over the property. The claim petition was allowed as unopposed. ... Thus, under the sale, the auction purchaser has obtained only one-half undivided share#HL_END....
1919 0 Supreme(Mad) 197 • India - Madras
BAKEWELL, ODGERS
Attachment - Property Rights - Code of Civil Procedure, Order XXI, Rule 58-63 Fact of the Case: The 5th defendant ... The court analyzed the provisions of Order XX, Rule 63 and concluded that the 2nd defendant was precluded from asserting his title ... Ratio Decidendi: The court held that the parties to the proceedings shall be concluded by the order made thereon, and the ... The decree holder attached the undivided half share of the judgment-debtors in, certain pro....
2025 Supreme(Online)(Kar) 22559 • India - IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.R.KRISHNA KUMAR, C.M.POONACHA
(A) Code of Civil Procedure, 1908 - Section 96, Order XXI Rule 58 and Section 151 - Appeal challenging dismissal of claim by appellants ... (Para 13) ... ... Result: Appeal allowed; order set aside and matter remitted to the Executing Court. ... in execution proceedings - The trial court's order rejecting the application for adjudication of a claim on attached joint family ... 96 cents and Sy.No.366/B measuring 2 acres were joint family properties, in which, the appellants/third party objectors have an undivi....
2022 0 Supreme(Mad) 3264 • India - Madras
P. T. ASHA
Irregularity - Execution Proceedings - Order XX1 Rule 90 - Order XX1 Rule 22, Order XX1 Rule 66(2), Code of Civil Procedure - ... The appellants challenged the order before the court. ... Issues: The main grounds of challenge to the order under appeal were the non-service of mandatory notices, fraud, and collusion ... Ex.C10-Sale Proclamation, however does not contain reference to undivided share. ... The appellants would submit that although an order#HL_EN....
2014 0 Supreme(Del) 1249 • India - Delhi
HIMA KOHLI
- Attachment - Objections - Pre-mature stage - Executing Court has rejected the objection petition - Objector claims that he is ... Objection application appears to be premature - No steps have been taken by the Execution Court till date to issue warrants of attachment ... Civil Procedure Code, 1908 - Order 21 Rule 10, 11, 26, 35, 54, 58, 99 R/w Section 151 - Execution of decree ... Order XXI Rule 54 that mandates attachment of immovable property, states as below:- ... “54. ... Form No....
1977 0 Supreme(All) 82 • India - Allahabad
M.P.MEHROTRA
XXI, R. 63, C.P.C. - SCOPE AND AMBIT - JOINT FAMILY PROPERTY - SHARE OF COPARCENER - ATTACHMENT AND SALE - ADMISSION OF DEFENDANTS ... XXI, R. 63, C.P.C. is maintainable without first obtaining an order under O. XXI, R. 58, C.P.C.? 2. ... XXI, R. 63, C.P.C. was not maintainable as the plaintiff had not first obtained an order under O. XXI, R. 58, C.P.C. ... (viii) provided as under: ... "To set aside or to restore an atta....
1936 0 Supreme(Nagpur) 91 • India - Nagpur
STONE, NIYOGI
Order XXI, Rule 63 - Property Rights - Civil Procedure Code - [Order XXI, Rule 63] - The court discussed the applicability of ... Fact of the Case: The plaintiff filed a suit under Order XXI, Rule 63, Civil Procedure Code to establish his right ... alone must cease when the father's authority to sell the son's share is terminated as a consequence of the partition. ... An agreement by the members of an undivided family to hold the joint property ind....
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