common_man (NA) 07 July 2012

Is this fraudulent property transfer?

I filed money recovery suit against which judgment is delivered in my favour in June 2011.

I filed execution of decree in November 2011 and sent the notices to defendant. We put his residential property for the attachment.

He did not responded so we put public notice in February 2012 to appear in the court.
After that Defendant did not appeared in the court.

Judge signed "No Say" order May 2012.

In July 1st week 2012, JD appeared in the court and filed the statement that the property does not belongs to him. He submitted the papers that 2 months ago he did the gift deed on his mother's name.

I am shocked as he did purposefully transferred the property to save from payying the money.

How can we prove this as Fraudulent property transfer (Gift Deed) to delay the money recovery? Will judge cancel the transaction which we are going to request?

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2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer) 07 July 2012

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,

common_man (NA) 09 July 2012

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