Regarding recovery of dues and attachment

Balakumar.S (Querist) 15 December 2013 This query is : Resolved
Sir,
Please give your legal opinion or suggestion to take proceeding against the LR of executant of a pronote who subsequently died intestate.

Facts:

AB are respectively husband and wife. They have two sons namely C and D and no daughters. A is having ancestral properties in which A,C and D are having equal shares. No partition or disposition took place between them.

D has borrowed amounts by executing pronote about 1-1/2 years ago and he did not pay interest. Subsequently he died intestate leaving behind his mother, namely B as his only legal heir. After his death B was approached to get back the amount lent to D from and out of the estate of D she was evading.

In the meanwhile, A and C had sold the entire ancestral properties to some third party. I have obtained registration copy of the sale deed in which the B is not the executant. The said sale deed was executed after the death of D, ie.., one month ago.

What remedy I have to recover the amount? Whether I can attach the properties by filing a suit for recovery of amount against B; Or whether I can question the sale deed executed by A and C in favour of third party;

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T. Kalaiselvan, Advocate (Expert) 15 December 2013
It is none of your business to question the sale of the property by A and C, you have to look into the matter relating to recovery of money alone. It is B's problem to claim the property under D's share the out of the ancestral property. You can file a suit against B for recovery of money on the basis of LR to the deceased borrower.

Guest (Expert) 15 December 2013
Rightly said by MR.T.Kalaiselvan

Rajendra K Goyal (Expert) 16 December 2013
Well advised by the expert.

Balakumar.S (Querist) 16 December 2013
Thank you all for valuable suggesitons

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