Y.SARATH BABU (ADVOCATE) 02 April 2011
Hai to all the members lawyersclubindia,
one person borrwed an amount of Rs.7,00,000/- from me by executing the promissory notes. Now he is absocunding where about not known, after that i know that he is the owner of the one flat in apartment. i verified in sub registrar office he exeucted Agreement of sale cum GPA some other favour.
CAN I FILE ATTACHMENT BEFORE JUDGMENT FOR THAT PROPERTY or
ANY OTHER RELIEF PLEASE SUGGEST ME.
M.Sheik Mohammed Ali (advocate) 02 April 2011
yes, you can claim, before inform court he is absconding and he has own flat, so cancel GPA, attched for my payments due's.
A V Vishal (Advocate) 03 April 2011
I seriously doubt that you can approach the court for attachment of his property since it is not a mortgage and the other party has a GPA which they might have acquired interest by paying consideration amount. The only recourse is to file a money suit in case the pronotes have not expired.
Deekshitulu.V.S.R (B.Sc, B.L) 03 April 2011
Agreement of sale is not a completed sale. Go for attachment and then wait for reply of the party or the intruder
sachin katariya (advocate) 03 April 2011
Sir,
you can file the summery suit for recovery of amount on the basis of P.note against the your borrower and can get an order of attachment before the judgment.
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