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Section 15: Withholding of rent

Sale Of Immovable Property Act · PART I: SEIZURE OF IMMOVABLE PROPERTY

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

15. Withholding of rent (1) The rents and profits of the property shall be withheld from the date of the transcription of the seizure, and distributed with the sale price of the property according to the ranking of claims. S3 – 7 [Issue 1] Sale of Immovable Property Act (2) (a) A simple opposition without further formality, at the instance of the execution or any other creditor, shall operate as an attachment in the hands of the lessee who shall from then deposit with the Master all rent due by him, when it falls due. (b) Where there is no opposition, any payment made to the debtor shall operate pro tanto as a valid discharge to the lessee, and the execution debtor shall be accountable as judicial sequestrator of the property for the amount paid to him.

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