Attachment

Querist : Anonymous (Querist) 07 April 2020 This query is : Resolved
Sir
I am a co owner of my father's property who deceased 30 year back.property will divide by partition suit in civil court near future.suit is filed by my brother.
Unfortunately, one out sider want to attach my share which will divide by court soon.he filed a case on money dispute against me.He wrote big amount on blank paper which signed by me in a foolish step
.actually, i have to give my share(after partition) to another person, because I have financial commitment with him..So I have to protect my property from the said out sider who filed case upon me.
Pls give me an legal way to this

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SHIRISH PAWAR, 7738990900 (Expert) 07 April 2020
Dear querist,

If out side person has filed suit and suit is decreed in his favour in that case out side person may apply for attachment for your share. If you want to protect your interest in the property you have to fight out the case filed by outside person. You can negotiate with him and make offer settlement instead of loosing the property.

Regards,

Rajendra K Goyal (Expert) 07 April 2020
One cannot dispose his property to avoid payment due on a court decree / liability to be paid / to avoid payment of legal debt etc..

Oppose the claim of third person in court and try to get his claim dismissed. It can save your share.

On which stage the partition suit is at the court?

Raj Kumar Makkad (Expert) 07 April 2020
The outsider person can also file an application under Order Rule 5 of CPC in the pending case filed by him seeking attachment of your share in the property so that you may not sale the said property so as to avoid your liability towards the expected decree to be passed by the civil court.

The sole remedy is either you get the suit dismissed or undertake to pay his debts soon after receipt of the sale consideration from the person of your choice if you get more money from that side.

PARDEEP KUMAR (Expert) 08 April 2020
Mr. Anonymous
According to you, you are co-owner of the property, of which you didn't provide any details, so providing proper advice is impossible. Still according to you, you would be getting your own owned part of the property and share from the part owned by your father. There is one who is filing suit to get your share attached by fraudulent means and there is another to whom you intend to give your property as you are having financial commitment with him. Unless complete facts, status, stage is furnished proper advice can't be given, so contact a local lawyer with full facts to have proper advice. However I feel it's not at all like what is being claimed but a conspiracy hatched, wherein your own involvement can't be ruled out and this would be the stand of your other right Holder in partition suit.

Rajendra K Goyal (Expert) 08 April 2020
Oppose the move of third party in the court to attach your share, which is not partitioned as on date. Since full facts have not been provided, discuss in detail with your lawyer.

KISHAN DUTT KALASKAR (Expert) 08 April 2020
Dear Sir,
You are saying it is not a promissory note or negotiable instrument which have executed. So must protest on that ground only in all the courts till you succeed. First let him establish that it is a valid promissory note then only your liability arise otherwise protest for issuing attachment warrant and take the matter till Supreme Court on this technical issue.

P. Venu (Expert) 08 April 2020
You have not posted the complete and material facts.

Raj Kumar Makkad (Expert) 08 April 2020
The only solution is to vigorously and effectively oppose the application of your borrower to get the said share of your property attached before the passing of the decree. There is no requirement of the partition of the property for the attachment as the only share is attached not physically but symbolically.

Dr J C Vashista (Expert) 09 April 2020
You have posted vague query with multiple queries, let it be clear for better appreciation of facts.
What is the opinion and advise of the lawyer engaged/ paid by you, who is well aware about the facts and circumstances of the case, an able, competent and intelligent enough to satisfy your questions ? Instead of waiting for an obligation of experts on this platform proceed accordingly if you have faith in him / her, otherwise change him / her immediately.

Rajendra K Goyal (Expert) 09 April 2020
Agree with the expert P. Venu ji, complete and full facts have not been provided, advice has been provided on the basis of given information. Your lawyer is the appropriate person for further guidance in such circumstances, he is full aware of full facts.

Raj Kumar Makkad (Expert) 09 April 2020
We experts should take into due consideration of the fact that the authors are laymen and express the facts and their requirement in their own way and language. We should not anticipate a particular way and language from them before we address their query.

I am of the opinion that in the present case, the author has provided us the necessary particulars so as to make us aware of his problem and accordingly to address the same.

Rajendra K Goyal (Expert) 10 April 2020
Appropriate advice has been rendered to the author on the given facts. He is welcomed in case of any subsequent question.

T. Kalaiselvan, Advocate (Expert) 10 April 2020
First of all the third person has not yet filed any suit against you for recovery of money that is due to him from you.
You said that he is waiting for the court to pass a decree and judgment allotting your respective share.
However if you have signed the blank paper with date in it, then by the time he may file a recovery suit on the basis of the duly signed blank paper by manipulating the contents to make it a loan agreement, let him first approach court.
In the meantime, you may file a caveat petition against him sooner the judgment is passed in your favor in this current case.
After that you can challenge his suit as per law denying his allegations.
The court will not pass any order for attachment before judgment without hearing you especially when you have already filed a caveat petition against him.
In my opinion, you may be having sufficient time to transfer your share of property to the person who you desire to transfer this.
Hence you observe patience and take appropriate action when the situation ripens.

T. Kalaiselvan, Advocate (Expert) 10 April 2020
Dear experts, the author had indeed posted the details, further it is our prudence that we may have to understand what he wants to say and if possible advise him properly rather than asking him to revert with facts or background or proper details.
My intention is not to hurt anyone, kindly do not mistake me or be offended by my views, I apologise if somebody is offended by my expression.

P. Venu (Expert) 10 April 2020
The posting is vague and incomplete as to whether the attachment is prior to judgment or in execution of judgment and decree and also, the particulars as to the foolish step of signing blank paper. What is this blank paper - a promissory note?
May be the querist is a layman; but it all the more necessary that we should give of the suggestion in our best judgment. And this is possible only if all the material facts are posted. May be he has his limitations, but should be forthcoming. once the details are sought.

Raj Kumar Makkad (Expert) 10 April 2020
I do agree with the observation of expert P. Venu that once experts while attending the particular query asks any additional information from the author, he should respond accordingly so that his query may be attended accordingly BUT one pinching thing is that despite of having no further response from the author, we experts keep on posting replies as per our assumptions and presumptions just for increasing more and more number of posts and in turn gaining more and more marks which is not appreciable. We keep on replying a simple question or questions raised in a query in many posts. Is it good for all of us and whether this do not demand from us to chalk out Code of Conduct for us? One more painful situation has also been noticed where a student (chronic author) openly insults a particular expert in writing in some post and even after reading those derogatory words, the affected experts goes on attending his same post. What is the compulsion to do so? Whether those words should not be treated against all of us and whether we should not collectively decide to ignore the queries raised by such type of authors? Insult of one expert should not be treated of all of us? I hope the Ld. experts pay heed towards these relevant questions. I am waiting their response.

Rajendra K Goyal (Expert) 11 April 2020
Agree and request all the experts to remain away from such querists who pass derogatory / abusive remarks on any of expert.

As far as no. of replies are concerned, LCI does not acknowledge / appreciate effort from experts, no payment / thank / appreciation or any kind of support is provided tor experts by LCI for their volunteer services. It is just the thankless job just to satisfy / share / have / develop / refresh knowledge / satisfy ego / part of hoby.

LCI has not limited no. of times any expert can add to any query.

Previously, query from Anonymous were not replied, there would be difficulty for deleting their account if they post derogatory / abusive / unwanted / bad remarks in their posts. Presently, large no. of queries are being replied which are from Anonymous. A querist should not hesitate to disclose his name in the query.

Previosly academic query were not replied in this section. Forum section was for that. Presently such queries are frequently replied.

Raj Kumar Makkad (Expert) 11 April 2020
Even if LCI has not restricted the number of replies one expert should offer against a single query, shouldn't we experts frame Rules applicable on ourselves? Don;t you all think that this shall not only create a good discipline but shall also increase our respect and shall not bring ourselves to cheaper level when we post for nothing. There is no use to mention how do we prolong our replies. An unnecessary competition has taken place among all of us which has in turn lead passing derogatory and insulting comments on behalf of some authors and surprisingly the same expert even then keep on answering the same post. This is really pinching. I know none of the experts has time to even read my words but still I pray to at least come here to express your views so that we may get respect at least among ourselves.

It is correct that as a mutual decision, we had decided not to attend academic/commercial/anonymous queries along-with those queries raised for commercial benefits. We had also decided not to supply judgments to any one. All these restrictions have been broken by us. If we again decide, can re-impose these. LCI was not in the way at that time also while taking that decision. All are welcome to express their views.

PARDEEP KUMAR (Expert) 11 April 2020
Brother Raj Kumar makkad, I agree, would follow.

Rajendra K Goyal (Expert) 11 April 2020
I agree with the above views of expert Raj Kumar Makkad ji.