How to recover the money?
Querist :
Anonymous
(Querist) 08 January 2010
This query is : Resolved
I filed a suit for recovery of money on the basis of a Promissory Note against “A” which is pending. 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. 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?
Arvind Singh Chauhan
(Expert) 08 January 2010
Though recovery is not possible from her daughter's property. Go ahead he may be sent to jail in execution proceeding and I am sure, under this compulsion he will pay the amount.
joyce
(Expert) 08 January 2010
Is that person an employee either pvt or govt salary attachment is also one option if so..
Sachin Bhatia
(Expert) 08 January 2010
If recovery is not possible from him then court can pass an order of arrest in that case he will pay the amount.
niranjan
(Expert) 08 January 2010
Pl.see O.21,Rule 30 and 41.
adv. rajeev ( rajoo )
(Expert) 09 January 2010
u cannot attach the property of the daughter, after the decree you will have to file an execution petition to recover the decreetal amount.
Querist :
Anonymous
(Querist) 09 January 2010
Respected experts,
Thanks for your opinions. In this I want to clarify you,that 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. He is not a Government servant and simply he is doing small business/commission agent.
So at this juncture, i have no option to get any 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.
M/s. Y-not legal services
(Expert) 06 October 2010
Very sorry about your situation.. You can't attach the daughter's property. In case if he used the loan amount to purchase that propertys mean you can challenge it.. But its an attempt only. One more thing, if you want to send him to jail mean you have to manage his expenses at jail. Cos its a civil remand..
