Auction in execution
Satya nand aggarwal
(Querist) 11 October 2015
This query is : Resolved
Money decree passed favouring Malkiat against Pargat on 21-5-2013 in suit filed on 25-2-10 for Specific Performance of the land in village Chak Desraj. SP declined, money decree passed.
JD Pargat singh sold the land of village Matfallu on 15-7-13 to Ram Singh. Ram singh got the mutation sanctioned after filling the execution by DH and after issuing warrant of auction.
DH filed an execution on 29-8-13. Property of Matfallu attached and put to auction by the court.
Ram Singh filed objection being bonafide purchaser without the knowledge of decree.
My point is whether the sale deed by Pargat to Ram Singh is fraudulent transfer under section 53 of TP Act.
Whether the attached property is liable to be released or not attached in execution .
P. Venu
(Expert) 11 October 2015
The sale was prior to attachment and hence bona fide. The question whether Section 53 of TP Act is attracted or otherwise is a question of fact which could be decided only in another suit, not in the Execution Proceedings.
Rajendra K Goyal
(Expert) 12 October 2015
There was no attachment at the time of sale, the deal is valid.
