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How property is attached ?

(Querist) 05 January 2015 This query is : Resolved 
I am a sunni muslim.

Wife left home 2 years before
My father died last year.

I have a huge arrears of maintenance. Almost 2 lakh. I have no money to pay.

Judge order attachment of my property.

I do not have any property. My father has a property in which I along with my mother, brother and 3 sisters live together.

Can police attach this property ?

How ? Where would my mother, brother and sister go ?

What happen to there share ?
ajay sethi (Expert) 05 January 2015
on your father demise you are one of the legal heirs to your father property . court can pass orders for attachment of your share in property
Rajendra K Goyal (Expert) 06 January 2015
If your father has expired, your share in the property can be attached.
prince (Querist) 06 January 2015
How a buildup home where my whole family reside is attached ?

Where would my mother, brother and sister go ?

What happen to there share ?
ajay sethi (Expert) 06 January 2015
the share of your mother and your siblings wont be attached . they can continue to reside in said house . better pay arrears of maintenance of Rs 2 lakhs
prince (Querist) 06 January 2015
But how a portion is attached ?
T. Kalaiselvan, Advocate (Expert) 09 January 2015
As of now since you do not have any property, the court may not order attachment of the property which is physically not present. The police has got no business to interfere in this.


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