Is this fraudulent property transfer?

Hi! This is Advocate Rohit Dalmia from Mumbai. Kindly let me know when you have served the notice upon the Defendant? 

On which date the Defendant transfered the property in his mother name by gift deed?

As per Sec. 52 and 53 of the Transfer of Property Act 1882 it is void to transfer the property in order to defeat the interest of the creditor when the said property is pending under the suit.

Incase you have any further query, you may contact me on 9324538481.

Regards,

Hello Rohit-Sir,

The EP proceeding started on 4-December-2011.

The Summons is issued on 13-December. The Summons is sent to all the known addresses of the defendents by registered mail. The local address where defendents parents lives received the summons on 16-December. The defendent itself lives to another country. We sent the summons to international address but returned back on 10th-January as defendent refused to accept.

We publish the public summons in 17-February 2012 in local news paper.

Then we waited for 2 months. Then Honable judge passed no say order. After that there was summer holidays for court.

In June court resumed and defendent appeared with written statement.

In the WS it say the property is transfered as registered gift deed to his mother. This gift deed happened in end of February'2012. The property is purchased on his original name and but I understand he done this purposefully to avoid the decree payment.

I am very nervous that this property should be saved as its fraudulent transaction. But will court accept this as Fraudulent Transaction? Do you have any sample similar judgment where property transfer purposefully to avoid decree and lower court cancels the same as fraudulent?

Thank you once again for your time.

--Deven