Judgement debtor has settled his properties to daughter

While filing the original suit itself, you should have got his assets attached praying before court for attachment before judgement.

 

Now, you have to find out the exact date when your debtor transferred the properties to his daughter.  If it was subsequent to your filing suit, the intention was criminal to avoid payment of your dues.  Therefore, the key is the date of transfer of the property.  If the date is subsequent to your filing of suit, you may file a suit attaching the properties for the execution of the decree which was already received.  This time, you may amke the daughter also as the party to the suit as she abetted in the above matter.

SIVARAMAPRASAD KAPPAGANTU,

Thanks for your reply.

07-Jun-14   debtor borrowed 12 Lacs from me
10-Aug-16  debtor borrowed 10 Lacs from SBI against his house 
12-Dec-16  debtor settled this house to daughter, when the 10Lacs bank loan is pending 
28-Dec-16  My lawyer sent legal notice to debtor
03-Apr-17  money suit was filed

how many cases to file?
file execution petition attaching the above house?
include SBI and daughter in the above EP?

 

You are using the word "Settled" with regard to the property to his daughter. What exactly you mean settled? Did he transfer the property by way of Registered Gift Deed to his daughter or Did he transfer the same by way of a Registered Sale Deed or whether he merely wrote her name in his Will. In the forst two cases ie. Registered Gift Deed and/or Registered Sale Deed, the same are valid and nobody can question the same.  However, he "settled the property" merely by writing her name in his Will, it does not become her property as long as he is alive.  Even after he is no more, the property can be proceeded against for clearance of the loan taken by him.

Now coming to your loan. The Loan given by you appears to be a clean loan without any security. Although he was owning a house property when he took loan from you, he did not offer the same as security to you.  However, he took a loan from SBI with the House property as security and subsequently transferred the property to his daughter.  I do not know how he could do it when the property papers are with SBI. Anyhow, that is a matter between SBI and the borrower and his daughter.

 

As far as you are concerned, as on the date of your filing suit, he did not have any property. Now please refer to para of this reply where I summarised the means by which he could have transferred the property to hsi daughter.  If the transfer of property is merely by way of Will you can proceed against the property for execution of the decree in your favour. It will be difficult to convince the court if he had transferred property by way of Gift or Sale (both registered) as loan taken by you was in 2014 and he transferred property to his daughter more than 2 years later in 2016.However, you can make an attempt.

 

There is no point in impleading SBI as they are in no connected. If the loan taken by him was not paid, SBI has every right to proceed against such property as the loan was given only because he gave the property as security.

Om Prakash jee. I was not knowning this.

Urs is only money suit be happy the suit is decreed. Show it to every one I have winned the case. The real problemarises when u file execution.in my senior advocate office there were so many money suits decreed or compromised. But he was not filing execution he was telling I win the case but I don't file e.p.

file only one suit praying all reliefs alongwith application under order 39 rule 1 and 2 cpc
if you had already filed suit then withdraw it after get permission under order 23 rule 1 cpc ro file fresh suit with same cause of action.
feel free to call if any doubt remains.

OM Prakash,

If you do not have sufficient knowledge, or not interested, just avoid replying.....

OM Prakash,

If you do not have sufficient knowledge, or not interested, just avoid replying.....

OM Prakash,

If you do not have sufficient knowledge, or not interested, just avoid replying.....