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Ravindra H Chaudhari (Student)     14 March 2013

Execution of decree

 

I am Decree Holder in three separate Rent cases.

1.     The judgment Debtor (she) has Take-home salary of Rs. 3500/- & maintenance from her ex-husband. The monthly rent was Rs.2800/- The decree is for Rs.150, 000.00. The ‘Leave in’ of judgment debtor has huge immovable property. He cunningly did not enter in Leave & License Agreement. Instead his low salaried ‘Leave in’ entered in Leave & License Agreement to become judgment Debtor.

a.     Is the maintenance being received by judgment Debtor (she) from her ex-husband, attachable?

b.     Is the decree for rent executable on ‘Leave in’?

c.      Can I attach immovable property of ‘Leave in’ of judgment debtor in the decree for rent?

d.     What can be done to include ‘Leave in’ as judgment Debtor; owing to the very fact that he was residing in my flat?

e.      Can a case of cheating be filed against both; owing to low salary of the judgment Debtor (she)?

2.     Can I attach salary of wife of judgment debtor in the decree for rent?

3.     Can I attach immovable property in the name of father of judgment debtor; who is Muslim; in the decree for rent? In what ways the Islamic succession act will attract, in this case?



Learning

 1 Replies

surjit singh (Assistant)     16 March 2013

You cannot go for attachment of the salary but you can go for the attachment of the ancestral property to the extent of her share in it, if the father's property is self acquired property then in that case it will be difficult.


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