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ARTICLE · 30 APRIL 2020

One Main Residential House: Exemption From Attachment

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This article revolves around the concept of "One Main Residential House", which is exempted from attachment in terms of proviso (ccc) of Section 60(1) of Code of Civil Procedure, 1908

IndiaReal Estate and Construction

INTRODUCTION

This article revolves around the concept of "One Main Residential House", which is exempted from attachment in terms of proviso (ccc) of Section 60(1) of Code of Civil Procedure, 1908 ("CPC"). The relevant section and proviso are reproduced herein below:

"60. Property liable to attachment and sale in execution of decree.

Provided that the following particulars shall not be liable to such attachment or sale, namely:

60(ccc): one main residential house and other buildings attached to it (with the material and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to a judgment debtor other than an agriculturist and occupied by him...."

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