I gave 20 Lacs Loan to my Uncle and received pronote. As I pressurised him to return money or face legal actions, in Dec2016 he transferred his property (agricultural land) as "gift settlement" to his daughter, giving nothing to his 2 sons.
Later I filed money recovery suit. I could not pray for ABJ or Injunction not to sell the property, because property is in daughter's name not in defendant name, and daugher is not a party in the money suite.
I'm going to File suit against father and daughter, praying court to void/set aside the fraudulent transfer of property to daughter using section53 of TP act. I will also file IA along with this suit, praying injunction restraining father and daughter, not to sell the property till the disposal of suit. Defendant and his property are located in different district which is 700kms away from my home district.
1) Can I file this suite in court having jurisdiction of my home OR in the court where property is located? I prefer filing in my city.
Before receiving summons about suit, Debtor will not know about the suit and litigation in his property. what if the debtor sells the suit property, after filing the suit but before receiving the summons? what if the debtor sells the suit property after receiving the summons but before filing vakalat? when does the section 52 starts its action?
2) Once the court orders to "set aside" the transfer, I think the property will go back to father's name and the injunction will expire. Now what if defendant(father) sells the property, as the injunction expires? section 52 applies? any remedies?
3) Once the court orders to "set aside" the transfer, how this will be included in EC of that property? Defendant has to hand over the copy of decree to sub-registrar?
4) Next, in money recovery suite, I'm going to file IA petition seeking injunction against defendant, not to sell the property till the disposal of the suit.
what if the defendant sells the property after filing IA and BEFORE injunction order is passed? the bonafide buyer of property will be protected by Law (section53) because he is not aware of the debt of defendant and pending money recovery suit.
5) what if the defendant sells the property AFTER injunction order is passed? the sale is void? the buyer of property loses his money?
Order 39, Rule 2-A of CPC will apply, court may order the property of the person guilty of such disobedience or breach to be attached
> property sold will be attached?
> remaining property of person who violated the injunction order, will be attached?
> what if this person does not have any other property?
> person had just ONE property and sold it?
