(Querist) 12 December 2013
This query is : Resolved
I have been trying to find out the right way if anyone can guide me regarding a legal case where the judgement debtor who had availed loan from ksfc and defaulted with dues sold his residential property to my father in 2004 august with sale deed, and sale agreement dated july 2004, but order had been passed by tumkur court for temporary injunction on june 2004 without our knowledge. With original documents in our possession, ksfc recently coming for inspection prior to attachment after 9 yrs was shocking.The property has still not been attached. Please guide me as to how to proceed? and also if any other property in name of judgement debtor or wifes name can be attached and our property can deattached for no fault on our side.
(Expert) 13 December 2013
It transpires from your query that Tumkur Court made a temporary order of injunction upon the property sometimes on June 2004 whereas, the sale deed of the property was made on sometimes in August,2004 which means that the property was sold during the subsistence of temporary injunction and violating that order of injunction which further means that the property was sold with legal encumbrances and had no marketable title, naturally you can understand your possession and title. However,my advice is better you collect certified copies of the said injunction and decretal order and file a civil suit against the vendor and Ksfc for getting back the title of the property in your favour. Consult a local lawyer in this connection.