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[Cites 0, Cited by 0] [Section 56] [Entire Act]

State of Andhra Pradesh - Subsection

Section 56(8) in Andhra Pradesh Chit Funds Rules, 2008

(8)The transfer of the property under sub-rule (5) shall be effected as follows: —
(i)In the case of movable property:
(a)Where the property is in the possession of the defaulter himself or has been taken possession of on behalf of the Court or the Collector or the Registrar, it shall be delivered to the judgement creditor.
(b)Where the property is in the possession of some person on behalf of a defaulter, the delivery thereof shall be made by giving notice to the person in possession directing him to give actual peaceful possession to the judgement creditor and prohibiting him from delivering possession of the property to any other persons.
(c)The property shall be delivered to a person authorized by the judgement creditor to take possession on behalf of him.
(ii)In the case of immovable property:
(a)Where the property is growing or standing crop, it may be delivered to the judgement creditor before it is cut and gathered and the judgement creditor shall be entitled to enter on the land, and to do all that is necessary for the purpose of tending and cutting and gathering it;
(b)Where the property is in the possession of the defaulter or of some person on his behalf or some person claiming under a title created by the defaulter subsequent to the issue of a certificate under section 71, the Court or the Collector or the Registrar, as the case may be, shall order the delivery to be made by putting the judgement creditor or any person whom he may appoint to receive delivery on his behalf in actual possession of the property and if need be, by removing any person who illegally refuses to vacate the same.
(c)Where the property is in the possession of a tenant or other persons entitled to hold the same by a title acquired before the date of issue of a certificate under section 71 of the said Act the Court or the Collector or the Registrar as the case may be, shall order delivery to be made by affixing a copy of the certificate of transfer of the property to the judgement creditor in some conspicuous place on the property and proclaiming to such person by beat of drum or other customary mode at some convenient place that the interest of the defaulter has been transferred to the judgement creditor.