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?

Follow Query

Report Abuse

Quick Summary

If you're facing a long-pending cheque bounce case from abroad, you might be concerned about property attachment, especially if a partition suit is also active. While a cheque bounce conviction can lead to penalties, it doesn't automatically allow for property attachment. However, if legal proceedings like invoking sections 82 and 83 of the CrPC have occurred, your property, even if jointly owned, could be attached. It's crucial to ascertain the current status of the old cheque case and engage a local lawyer to represent you in court to prevent any obstacles to your share distribution.

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.

Advocate Bhartesh goyal (Expert) 25 July 2025
Your apprehension is totally wrong, in cheque bounce case if guilt is proved then court can impos penalty ( sentence and fine ) on accused and can not attach property of accused.

P. Venu (Expert) 25 July 2025
Admittedly, you had absconded and provisions of Section 82 and 83 had been invoked. As such, your property could be attached even if held jointly.

T. Kalaiselvan, Advocate (Expert) 26 July 2025
If you have not been declared as proclaimed offender then no action can be taken to attach your property.
What is the status of the 25 years old cheque bounce case?
To my knowledge no courts will keep the criminal cases pending for more than two and half decades
Ascertain the status of the case and proceed.

P. Venu (Expert) 26 July 2025
The status of LP denotes that provisions of Section 82 and 83 have been invoked. That is the norm prevalent in Kerala.

Dr. J C Vashista (Expert) 26 July 2025
Author of the post is silent and experts are presuming this and that……?
It makes no sense

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries