Transfer of property by jd after passing decree for recovery

Querist : Anonymous (Querist) 20 August 2011 This query is : Resolved
R/Members
In a execution petition court issued warrant of attachment of Judgment debtor and ordered to Tehsildar to attach the property of JD but Tehsildar reported to the court that JD has transfer his land in the name of his two sons after passing of decree.i want to know that court can attach the property of sons of JD in given circumstances,kindly help.Regards
Satpal singh

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adv. rajeev ( rajoo ) (Expert) 21 August 2011
No court cannot attach.

Arun Kumar Bhagat (Expert) 21 August 2011
The aggrieved person can initiate criminal proceeding under IPC.

prabhakar singh (Expert) 21 August 2011
since the transfer is with sole objective to defraud creditor and frustrate execution of decree,you as a decree holder can file a suit to cancel the sale as sham transaction by the court.

M/s. Y-not legal services (Expert) 22 August 2011
The court can't attach the property which is transfered on son's name. In the mean time time the decree holder have to file a suit for cancel the same. In this issue am agree with mr.prabhakar. Its not a genuine transaction.

M/s. Y-not legal services (Expert) 22 August 2011
On the other hand if its ancestral property mean the sons can claim their shares over the property.. I mean the judgement debtor is responsible for his share only.

girish shringi (Expert) 24 August 2011
I do agree with Mr. Bhagat,because once the property in question is under any judicial matter pending with the court,the defendant can't transfer the same if he has transferred the same can be charged under criminal offence.

girish shringi (Expert) 24 August 2011
I do agree with Mr. Bhagat,because once the property in question is under any judicial matter pending with the court,the defendant can't transfer the same if he has transferred the same can be charged under criminal offence

Transfer of property by jd after passing decree for recovery

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