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k.Satyanarayana (Asst.Manager -Legal)     18 March 2014

Attachment of property in the name of mother

Dear Sir, X who is sole proprietor of business issued a cheque to Y to clear of his business debt. Cheque was bounced. Y filed cheque bounce case against X alongwith filed civil suit/money recovery suit against X, Mother and brothers of  X  further filed attachment before Judgment on share of  X in the property which is in  the name of his Mother. Mother and brothers never stayed with X while doing business and they lived separately.

My query is :

1) when Mother is alive can Y take the opportunity of filing attachment before judgement on the X share in the mother property.

2) can the Sons debt cleared from the properties Mother or Father (who is no more)

Pl advise me Sir.



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