Order 21 Rules 84, 85, and 86 of the Code of Civil Procedure (CPC) in India regulate the sale of immovable property. According to Rule 84, the person declared to be the purchaser must pay a deposit of 25% of the purchase money immediately after the declaration, and in default of such deposit, the property must be resold. As per Rule 85, the full amount of the purchase money must be paid into the court before it closes on the 15th day from the sale of the property. If the payment is not made within the specified period, the deposit may be forfeited to the government and the property may be resold, and the defaulting purchaser will forfeit all claims to the property or the sale amount. The provisions of Rule 84 and 85 are mandatory, as per the Supreme Court’s decision in the case of Manilal Mohanlal Shah, and the word “immediately” in Rule 84 has been interpreted by the court in the case of Rosali V.

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.