Can I seek attachment on daughter's property?
Querist :
Anonymous
(Querist) 11 January 2010
This query is : Resolved
I filed a suit for recovery of money on the basis of a Promissory Note against “A” and the suit amount involves in this case is nearly 30 to 35 lakhs and also the age of the Defendant is nearly 60 years right now So that it is not possible to get an arrest warrant, even after passing the decree. He is not a Government servant and simply he is doing small business/commission agent. As per my knowledge, no immovable property is stands on his name. His house also stands in her wife’s name. Further he purchased some lands on his daughter’s name, whereas his daughter has no income and she is unmarried. Now I want to take an attachment(ABJ) on the said lands. (The daughter is not a party to the above suit) Except taking an attachment order, I have no way to recover the money. Hence plz. clarify that
1. Is it possible to take any attachment on his daughter’s property? If so how?
2. In case, if she proves that the lands purchased through her own source of income. What I would do?
So at this juncture,I have no option to get an attachment on his daughter's property. I think, even if i file a petition to that effect, definetely her daughter will come to court and she may defend on her behalf.If that situation comes, there is every chance to settle the issue. So plz.suggest me suitably.
Arvind Singh Chauhan
(Expert) 11 January 2010
Arrest warrant is only the remedy. For warrant age factor is not a hurdle.
Srinath Kondapally
(Expert) 11 January 2010
not possible to get ABJ against other's property other than defendant, and are so many ways for recovery of your money, mail with entire details
with regards,
skondapally666@gmail.com
adv. rajeev ( rajoo )
(Expert) 12 January 2010
I agree with Niranjan. You cannot attach the daughter's property
Raj Kumar Makkad
(Expert) 12 January 2010
No. You cannot get attachment order against the property standing in the name of the daughter of the judgment debtor. There is no concept of benami Transaction in India.
