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Mohammed Faiz   12 November 2023

Decree of loan recovery

Hi all,

I defaulted a bank loan of Rs. 10 lakhs and the bank got the decree & judgment against me for recovery. I do not have any immovable assets in my name, but I have executed a registered gift deed of a property to my wife long before the litigation.  Can the bank attach my wife's property for the recovery of money ? Also note that the loan was unsecured. Please guide me. thanks



Learning

 4 Replies

Shashi Dhara   12 November 2023

You are personally liable to discharge loan, if you have any asset in your name they can proceed on it but it has transfered so they cannot attach it, engage advocate and defend it if they attach it.

1 Like

T. Kalaiselvan, Advocate (Advocate)     13 November 2023

Since you have transferred the property from  your name to your wife's name even before the bank initiated legal action for recovery then this transfer cannot be declared as illegal or invalid.

As a result, no assets can be taken.

In the case of a dispute, recovery is determined by the loan contract terms and conditions and the legal process. 

You may not be worried about that

Advocate Bhartesh goyal (advocate)     13 November 2023

Bank can't  attach the property which you have transferred to your wife before initiation of legal action by bank.Now its your wife's property and can't be  attached.

Dr. J C Vashista (Advocate )     13 November 2023

Well analysed, opined and advised by experts, I concur.

After acceptance of gift, you have no right, claim, interest or title over such (gifted) property and your wife is a separate persona for the purpose of attachment by Court / Tribunal.

Besides immovable property the Court / Tribunal may consider to attach movable properties of judgment debtor.


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