my contention is that the property purchased was free of encumbrance and the third party does'nt know that there is a suit against the seller and the property was purchased through a bank loan with proper legal opinion taken by the bankers from their legal expert. In the Legal opnion it was mentioned as the property doesn't have any encumbrance and the property got clear marketable title. The registration department also confirmed there is no court attachment at the time of purchase. Moreover the plantiff has applied a suit only for monies which was lended to the JD. The pending suit is only for recovery of money. Please suggest whether in this case, whether they can attacfh the said property which is free of encumbrance at the time of purchase.
Can we file a case stating that the JD does'nt have any right on the attached property since it is already sold.
well looking from your contention and if these are the facts then this property is not liable to be attached as it is not subservient to suit well there is no nned to file a suit if the JD does so objections U/S 47 CPC if you recive any notice or summons in respect of property by stating the aforesaid mode and manner of purchase of proerty legal opinion etc hence you are a bonafide purchaser
The j d r has no right to obtain attachment on the property which was already transfared on sale by way of registration. If at all the J D R manages to obtain and submit papers from sub registrar to the effect that the property is on the name of D H R even after the passing of decree and get attachment of property. The prasent owner of the property can take criminal and civil action aganist the Sub registrar, J D R , even the court.
//whether the judgment debtors property can be attached by the court by way of decree even though the said property is already sold to third party even before the decree passed.//
If there was no attachement in suit proceeddings and if the property was not the subject matter of litigation, then the sale prior to decree is valid and any subsequent attachment is not sustainable. On application, court will raise the attachment.
if the judgment debtor sold out his property evenbefore the initiation of a suit before the proper court of compitent jurisdiction the sale will not be free from the shadow of the charge of incured debt the property can be attach from any point of time within the limitation period by the decree holder or person having a right over the jd in form of a charge decree holder can initiate a suit against the jd and third person for cancellation of documents the only remedie availbale for the third person is to prove his bonafideness before the court>
i have purchased 8 cent land in 2005 from one P A Ibrahim,with all leagal document,and taken EC from subregistered office.there is no attachement in the said property.but after 4 year that mean 2009 one ammen is came to my house and said there is an attacment order in 2003.i fully surprised.i told him am a bonafide purchase.and not purchased from this person.he is a guarnteor in 1998 for one vehicle loan.and he is sold the said property in 1999.the bank has been given a registered leter and told there is a decree.any way is it effect for me. from 1998 to 2004 taken 4 transaction alreday passed.i have tahen loan from hdfc bank and cleared it off.