Attachment on property
kunhi marakkar
(Querist) 24 July 2025
This query is : Resolved
There was a cheque case against me in the year 2000. Since I was abroad and could not appear or face the case, it became a long-pending case. At the same time, my sister filed a partition suit to divide a property that I jointly own. Will the party who filed the cheque case attach the portion that is to be divided to me through the court? If that happens, will it be auctioned and sold without hearing my arguments? Will there be any obstacle in distributing my share?
kavksatyanarayana 
(Expert) 24 July 2025
You are abroad, the summons will be delivered to your address given in the suit. Your sister's partition suit is a separate issue. If you have a property in a joint name, also be attached. Engage a lawyer and give a vakalat to him to attend the court cases on your behalf.
Dr. J C Vashista
(Expert) 25 July 2025
Practically and legally no summons for a complaint case under section 138 of NI Act, 1881 have been served upon you. No property can be attached in these circumstances.
If your sister has filed a Partition suit it may be attended by appointing an attorney from abroad, where you are presently located.
However, cheque dishonour case has no correlation with suit for partition of property.
