125(3) of crpc
Neeraj Kaushal
(Querist) 20 March 2012
This query is : Resolved
Respondent has no movable or immovable property in his name , whether there is any law to attach the ancestral property which is in the name of respondent's father , in execution proceeding under section 125 (3) of CR.P.C.
Raj Kumar Makkad
(Expert) 20 March 2012
Logically there is no hurdle to attach the share of the respondent in his ancestral properties though the same may be shown in record in the name of the father of the judgment debtor.
PARTHA P BORBORA
(Expert) 20 March 2012
there is no such law existed in India. A magistrate can only issue an warrent for levying the amount due in the manner provided for levying fines (within one year) may sentence him simple imprisonment of thirty days under sec 125(3) Cr.P.C.
Khaleel Ahmed Mohammed
(Expert) 20 March 2012
I dis agree with the advise of Mr. Borbora.You are advised to file a petition under section 421 of Cr.pc read with section 125/3.
Adv.R.P.Chugh
(Expert) 20 March 2012
I agree with Makkad & Ahmed Sir(s) - application u/s 421 r/w 125(3) would lie, and Undivided coparcenory interest in joint family property may be attached.
PARTHA P BORBORA
(Expert) 20 March 2012
YES, I HAVE MADE A MISTAKE. IT IS POSSIBLE UNDER SECTION 421 C r. P. C.
Shonee Kapoor
(Expert) 21 March 2012
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 21 March 2012
Clueless suggestion by Mr. Ajay bansal. How and which of his AIR Manuals can help the querist?
Neeraj Kaushal
(Querist) 21 March 2012
actually sir i want to ask that , respondent has no property in his hands and i wants to attach his ancestral property in execution proceedings section 421 of CRPC is not clearing this fact, whether ancestral immovable property can be attached or not.
Khaleel Ahmed Mohammed
(Expert) 22 March 2012
Yes you can attach his ancestral property to the extent of his share.File petition before the court through your local lawyer,it is not good for you to dig deeply.It will be the discretion of the court.Avoid always presumptions and assumptions.
Shonee Kapoor
(Expert) 23 March 2012
Yes, you can.
Argue that he has a share in the same and hence the same should be attached with.
Citations can be found on www.indiankanoon.org/
Someone or the else would also have thought on the same lines/
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 23 March 2012
May I suggest to ask for shared household with residence right under D V ACT and get attachment, as well as no sale , no transfer of entire ancestral property.
He failed to pay maintenance, so easy to get this order, against him and his family members together.
