recovery

Querist : Anonymous (Querist) 25 November 2009 This query is : Resolved
suppose a suit for recovery is filled againt legal heirs of a person to recover some amount from them but they do not have any property in their name apart from the house in which they live.
in that case will court order's to recover the amount by selling their house.
or recovery can not be made because they dont have any other property.

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A V Vishal (Expert) 25 November 2009
It depends on the facts of the case. The query is silent on the question of ownership of the house where the heirs are residing, the court can attach and sell the property in case the property is inherited by the heirs from the deceased self acquired property. Further, it should be noted if the money was taken for the personal use of the deceased and not for family use then in such case the recovery cannot be enforceable.

prakash vathore (Expert) 25 November 2009
recovery can be made, if u win the matter.
but the vital question is that the house in which they reside should b on ownership basis. then only the attachment of that house is possible. more over there are several other things which can b attached such as movable things and if anyone is empoyed then his/her salary.

Adv Archana Deshmukh (Expert) 25 November 2009
If the house is self acquired property of the deceased then the house can be attached and sold.

Sachin Bhatia (Expert) 25 November 2009
Depends on the facts of the case, court can pass any order in the intrest of justice.

Raj Kumar Makkad (Expert) 25 November 2009
I agree with the perfect opinion of Vishal.

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