karthik (advocate) 21 October 2010

Attachment Before Judgment

In a money suit,the plaintiff A sues the defendant B for a sum of 2lac rupees and also filed a petition to attach a property belongs to B before judgement. The property belongs to B and his 3 brothers. Before filing of the suit, B and his brothers sold the property to C.Now the property was in possession and enjoyment of C through registered sale deed.Now only C came to know about the institution of suit against B.The case of the plaintiff is that the B borrows the amount for his personal use only and more over the property was not the sole property of B. Now what stand C can take.Can C secure the property from attachment. Please guide me and give citations if any in this view.

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8 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 21 October 2010

No attachment before judgment possible.

kranthi (retainer advocate) 21 October 2010

The transaction is done with C is before the filing the case so it is a good transaction. if the property is sold after filing of suit it will be possible to attach property because it is not transfer when a suit is pending.

If the sale is not occured then it is possible to attach the share of B in that property

(Guest)

now the property cannot be attached. C can take objection

kumarasrinivas kanigiri (PRIVATE PRACTICE) 21 October 2010

an attachment before judgment can be done.

in this case, C has to prove his bonafides in purchasing the property of B and his brothers. if C fails to prove his bonafides in purchasing the property, the attachment to the extent of B's share will be effective. as was contneded by our friend Kranthi, the filing of the suit and the sale of the property wil also come into picture to decide the bonafidies.

if the sale by B and his brothers was with intention to defraud A from enjoying the fruits of the decree, then the attachment will be effective to the extent of B's share.

Balakumar.S (Self-employed) 21 October 2010

The title of the C is secured because he had purchased the property before initiation of the suit. But if any creditor initiates any Creditor Insolvency Petition within 90 days from the date of sale, then it is the duty of C to prove his bonafide

Ravi Srinivasan (Judge) 21 October 2010

C has no problem. The property to be attached before sale transaction. Once the property is sold, it cannot be attached.

karthik (advocate) 23 October 2010

sir,i would like to know when can i file a petition resisting attachment.Can i implead in the suit before attachment or can i file claim petition after attachment.kindly clarify my doubts,thank you.