Affidavits and Immoveable Property Certificate | The Andhra Pradesh Civil Rules Of Practice And Circular Orders 1990

Summary

Section 259 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, mandates applicants to file affidavits detailing the judgment debtor's interest in attached property. For immovable property, if the amount exceeds Rs. 100 or as ordered by the court, a search in the Registrar of Assurance's office is required. Additionally, a municipal tax certificate must be filed for properties within municipal limits.

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Explanation using Example

Example 1: Execution of a Court Order on Immoveable Property

Introduction: Mr. Rao has obtained a court order against Mr. Kumar for the recovery of Rs. 150,000. Mr. Kumar owns a piece of land in Hyderabad, which Mr. Rao seeks to attach and sell to recover the debt.

Application: According to Section 259 of the Andhra Pradesh Civil Rules Of Practice And Circular Orders, 1990, Mr. Rao must file an affidavit at least five days before the hearing. This affidavit should state Mr. Kumar's interest in the land and whether any other person has an interest in it. Additionally, since the amount exceeds Rs. 100, Mr. Rao must conduct a 12-year search in the Registrar of Assurance's office to confirm ownership and file a certificate from the municipality showing any due municipal taxes.

Outcome: If Mr. Rao fails to file the required affidavit and certificates, the court may delay the execution proceedings. Non-compliance could result in additional legal costs and procedural delays.

Conclusion: Compliance ensures a smoother execution process, allowing Mr. Rao to recover the debt efficiently. Non-compliance could hinder his ability to enforce the court order.

Example 2: Attachment of Property with Multiple Claimants

Introduction: Ms. Latha has a court decree against Mr. Sharma for Rs. 80,000. Mr. Sharma's property is located in Vijayawada, and there are rumors that his brother also claims an interest in it.

Application: Under Section 259, Ms. Latha must file an affidavit detailing Mr. Sharma's interest in the property and any claims by other parties, such as his brother. Although the amount is below Rs. 100,000, the court orders a search in the Registrar's office due to the complexity of claims. Ms. Latha must also obtain a municipal tax certificate.

Outcome: By filing the affidavit and certificates, Ms. Latha can clarify ownership and proceed with the attachment. If she neglects these steps, the court may question the validity of the attachment, leading to potential legal disputes.

Conclusion: Proper documentation helps resolve ownership issues and facilitates the execution process. Ignoring these requirements could complicate the attachment and delay recovery.