Section 71: Nullity in case of small 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.
71. Nullity in case of small property
(1) In the case of a property not exceeding 6,000 rupees in value, any
nullity alleged to exist in the proceedings shall be objected to by a simple
declaration made and signed by the party objecting, or his attorney, at the
foot of the memorandum of charges, at least 6 days before the day of the
sale.
(2) (a) The declaration shall specify, in a summary manner, the grounds
of objection.
(b) The mere fact of making the declaration at the foot of the memorandum of charges shall be sufficient notice to all interested parties.
(3) The Master shall hear the objection on the day of sale, and his decision shall be final and without appeal.
S3 – 19 [Issue 1]
Sale of Immovable Property Act
(4) Where the objection is held valid, the proceedings shall be resumed
from the last valid step, and the time for the fulfilment of the subsequent
steps shall begin to run from the date of the Master’s judgment pronouncing
the nullity.
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Questions this section answers
- For a property worth up to 6,000 rupees, how do I formally object to the sale proceedings?
- How many days before the sale must I file my objection for a small property worth up to 6,000 rupees?
- Can I appeal the Master's decision on an objection to the sale of a small property?