APCRPCO Section 272 : Manner of Conducting Sale by Public Auction
Act
Summary
Section 272 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, outlines the procedure for conducting sales by public auction. The applicant must provide affidavits detailing property particulars, the proposed auctioneer's fitness, and municipal tax details if applicable. Additionally, a certificate of search is required for immovable properties. This section ensures a structured approach to public auctions under civil procedure rules.
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Explanation using Example
Example 1: Sale of Residential Property in a Municipality
Introduction: John, a creditor, has obtained a court order to sell a debtor's residential property located in a municipality to recover a debt. The property is subject to municipal taxes.
Application: According to the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Chapter XVI, Section 272, John must comply with several requirements before the sale can proceed:
- (1) Affidavits: John must submit an affidavit detailing the property's particulars as prescribed by Order XXI Rule 66 of the Code of Civil Procedure. This includes the best time and place for the sale, advertising methods, and any division of the property into lots.
- (3) Municipal Tax Affidavit: Since the property is within a municipality, John must provide an affidavit stating the municipal tax due, accompanied by a certificate from the municipality showing the tax particulars.
Outcome: If John fails to provide the required affidavits and certificates, ...
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