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Defaulting order of decree

Page no : 2

Dhakshayani   21 September 2024

What if she has no property? How will judge say if she claims NO MONEY TO REPAY

T. Kalaiselvan, Advocate (Advocate)     21 September 2024

She has to file an affidavit declaring her assets and if she is found to tell lies,  if the decree holder proves it to be lies then legal action can be taken as per law in furtherance. 

Dr. J C Vashista (Advocate )     22 September 2024

Your query is pre-mature, just wait and watch till a decree is passed in your favour and you are to get it executed.

Dhakshayani   22 September 2024

To wait for the decree, I have to walk thru courts and advocates office spending in lakhs, which is not in my capacity and health wise

ACCUSED DONT HOLD ANY ASSET IN THEIR NAME AND DECREE HOLDER FINDING FOR ACCUSED PROPERTY DETAILS HAS ZERO CHANCES

IM LOOKING FOR LANDMARK JUDGEMENT, WHERE MY CONDITION HAS BEEN PROVED FAVORABLE

CAN THE ACCUSED FATHERS AND HISBANDS PROPERTY ANNEXED FOR DECREE? 

T. Kalaiselvan, Advocate (Advocate)     24 September 2024

Firstly if  you have filed  a civil suit for money recovery then the opponent is termed as defendant and not accused.

If the defendnat has borrowed the amount, the property of her husband or father cannot be attached unless their properties were given as collalteral security for the purpose of this loan, if not then you cannot do anything about it.

However you may not file a EP now itself, you may wait and watch to see if she acquires any property witin 12 years from the date of decree then you can file an execution petition immediately and seek for attachment of the said property for auction sale to satisfy the decree amount. 

 

1 Like

Dr. J C Vashista (Advocate )     25 September 2024

Property owned by husband cannot be attached in execution of decree against wife.

In order to "get" something you are required to "loose" something.

You have adequately been advised / obliged by experts, please close this thread and proceed as you may feel it better / in your interest.


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