Attachment of Property
Sanjay Kumar K
(Querist) 02 August 2011
This query is : Resolved
Hi,
I obtained an order (from State Consumer Forum) for attachment of property (against a builder who did not deliver the flats on time.)
He sold the property to someone AFTER the order was passed (within a month). Can I still go ahead with carrying out the order to attach the property?
Another catch is that though the order was passed on 19th Jan, the order copy I obtained is dated 22nd Feb. The property was sold (by the builder) on 16th Feb.
Do I still stand chance to recover my money by attachment of the said property?
Please advise.
Regards,
Sanjay
ajay sethi
(Expert) 02 August 2011
sale by builder is illegal i presume builder appeared in court when order was being passed . the fact that you have received certified copy of order later is immaterial . please move the consumer forum aginst the builder for contempt of court
Raj Kumar Makkad
(Expert) 02 August 2011
If despite of having order under execution well within the knowledge of JD, he sold the property ordered to be attached then definitely you have got right to execute the orders as if no any sale has been made otherwise it is difficult.
Sanjay Kumar K
(Querist) 02 August 2011
Thanks for your replies.
The order was passed in the presence of the builder's lawyer, so I presume this can be taken as he is aware of the order.
The concerned Revenue Inspector has served a notice to the party (his wife accepted the notice).
Things are getting stuck after that.
What is generally the procedure for this?
bhagwat patil
(Expert) 04 August 2011
Apply to revenue authority for effecting the attachment order to the property.In principia the property goes along with charge. You can file criminal complaint also.
senkottayan
(Expert) 04 August 2011
It's amount to lispendis and u obtain a encumbrance certificate from the registrar office concerned. If the builder doesn't pay any amount u may file execution petition for sale of the attached property. u may succeed in ur case.
before filing execution petition u must ensure that the attachement order was been duly served to the registrar office concerned.
Sanjay Kumar K
(Querist) 04 August 2011
Thank you, Mr. Bhagawath.
Mr. Senkottayan, I don't think the attachment order was served to the registrar office concerned. We went to the concerned registrar office to file an objection of sale of this property. By that time the property had already been sold and he did not accept the objection.
RAJU O.F.,
(Expert) 05 August 2011
You have to file petition to set aside the sale. Even if the property is sold, still you are entitled to attach the said property.
Sanjay Kumar K
(Querist) 05 August 2011
Thanks, Mr. Raju.
The petition to set aside the sale, where should this be filed - in the court or with the revenue authority/subregistrar?
Please advise.
