Executing property attachment
swetha
(Querist) 30 November 2015
This query is : Resolved
Dear experts,
my name is swetha. I have filed suit for maintenance u/s order 7 rule 1 CPC and have listed my husband's house for attachment in the petition. Court did not create charge in the interim order. But in the final order court has passed order to attach his house. During pendency of suit my husband has sold his house. Now the house is not in his name. Court has sent letter/notice to SUB REGISTRAR office to attach his property.
My Question is:
1) Will SUB REGISTRAR office still attach his property though it is not in his name? (he sold it)
OR
2) Will the SUB REGISTRAR office return the attachment order to court saying it cannot attach the property as the house is not in my husband's name?
Thanks in advance.
Guest
(Expert) 30 November 2015
Once the Case had been filed regarding the Property also it is Obviously in Litigation.So the Registrar Could Go ahead as Per Court Order and it would be the Problem of the Buyer to sort it Out with the Seller/your Husband.So Need Not Worry.Section 52 of the Transfer Of Property Acts enacts the doctrine of "Lis pendens"
Kumar Doab
(Expert) 30 November 2015
Has your lawyer that is very well aware of the facts on record opined that the property in question was 'Suit Property' during the pendency of the suit!
Rajendra K Goyal
(Expert) 30 November 2015
If there was no stay for selling the house, and the house was sold, wife has to specify some other property.
However, the detailed attachment orders has to be referred for specific reply.
Guest
(Expert) 01 December 2015
Even if there is No Stay the Property Can Not be Sold if it is Involved in a Court Case which the Seller is very much Aware.
Advocate. Arunagiri
(Expert) 01 December 2015
When any property is a subject matter of a court case, the lis pendens shall be deemed to commence from the date of filing the suit.
If that property is sold during the pendency of the suit, If the court decides against the plaintiff and if no order is passed on that property, the sale will not get affected.
If that property is sold during the pendency of the suit, If the court decides in favour of the plaintiff and attachment order is passed on that property, the sale will get affected just because of Lis Pendens.
In your case, even if there is no stay is granted, Lis Pendens commences from the date of initiation of the suit. So, even if your husband sold the property, that will become null and void, the registrar will cancel that sale and will attach the property.
