How can I get an order of attachment before judgment?
Querist :
Anonymous
(Querist) 20 August 2010
This query is : Resolved
Respected Experts,
I have filed a suit for recovery of amount, on the basis of a promissory notice against “X”. Actually there is no immoveable property on his name. The immoveable properties are stands in the name of his wife and un married daughter.
So how I can get an order of Attachment before Judgment against their properties, who are not a party to the said proceedings. Actually, the defendant has purchased the said properties on their names. Plz. clarify.
Kiran Kumar
(Expert) 20 August 2010
their properties can not be attached in the present suit.
proceed against the defendant only.
s.subramanian
(Expert) 20 August 2010
You seek an attachment. If they desire,let the wife and the daughter come forth with cliam application during when you can urge that the propeties have been purchased in their name benami with the funds of the defendant.
Raju Ramparag Gupta
(Expert) 20 August 2010
Yes, I agree with Mr. Kiran. Property of X's wife and unmarried daughter cannot be attached.
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