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S Sridas   24 February 2023

Property attachment

Hi all,

I am Sridas from Trivandrum.  I was a businessman in Trivandrum, which I had to close down due to COVID-19 with heavy loss.  I had borrowed money from a person around 6 lakhs with six individual cheques, which I was not able to pay back in time and he presented the cheque and it bounced and then he initiated legal proceedings with attaching the property which is in the name of my wife making her my business partner , which actually she is not and my ancestral property which is not shared until now, but I have already sold my share to my younger brother by signing a document.  I have proofs for both that I am the sole proprietor of my business and my brother has the document.  Is there any way to release the attachment.  Expecting a positive response from the respected lawyers.



Learning

 5 Replies

Dr J C Vashista (Advocate)     24 February 2023

Attachment of property which is not in the name of convict is invalid and illegal, which your lawyer must have advised you.

1 Like

Real Soul.... (LEGAL)     24 February 2023

The property in your name can be attached in execution of decree, but any property not in your name cannot be attached. you should file appeal if such order is passed by court

1 Like

Shashi Dhara   24 February 2023

Let your wife and brother file application and objections in court to implead them as parties in suit.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     24 February 2023

Sole proprietors are personally liable for all debts of a sole proprietorship business

1 Like

S Sridas   24 February 2023

you are right sir, but it doesn't give them the right to attach properties which I didn't own


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