Attachement of property under execution
Singh
(Querist) 16 August 2013
This query is : Resolved
Hi all,
Mr X has taken some loan from cooperative society and couldnot paid and hence collector ordered for attachement of his property however the property is under litigation and civil court has already ordered stayed on that property.reason being dispute between brothers related with ownership. In the l&D office records property stands undivided in the name of Mr X & Y in ratio of 4:1.Y filed suit for possession & partition.So now how we can save mr X from execution order of the court of asst. collector.Please tell the procedure so that he can be saved from attachement till dispute between brothers settled.I think DOCTRINE OF LIS PENDENS LITIGATION shall apply here.please tell the procedure so that I can save my client
V R SHROFF
(Expert) 16 August 2013
Adv Singh,
Your Sr. Adv will tell you the procedure, if needed.Consult ur local sr.
so that u can save ur client
Anirudh
(Expert) 16 August 2013
The suit pending between the brothers is only in regard to partition and possession - it does not appear to question the share between the parties.
Therefore according to you, x is the owner of 4/5 share in the property (though it has not been partitioned in metes and bounds). The fact remains X is owner of 4/5th share and therefore the same can be attached. Therefore the pending litigation brothers cannot be a good enough reason to say that the property cannot be attached.
Rajendra K Goyal
(Expert) 16 August 2013
The partition and possession litigation in other case does not stop attachment in execution proceedings in this case.
