bobby (NA) 12 June 2014

Civil case

Good evening all,

Sir/Madam, I have a query relating attachment of property,

I was a defendent in civil suit where court had given me order to pay the amount but i had not paid hence plaintill moved for execution proceedings, however i was not informed by the court where as i was come to know that court sent notice before attachment order.

But what i see, yesterday court belliff with plaintiff person reached my home and pressurised me to pay the full amount at a time otherwise they will call the police to do attachment of moveable property however i paid the full amount by "CHEQUE" but they did not provide me any receipts.

I want to know that, is it the right procedure follow by the balliff , it not then can i take any action against it ?

Thanks & Regards

Gurmeet

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4 Replies

Biswanath Roy (Advocate) 12 June 2014

In absence of knowing the contents of attachment order made by the court it is not possible to opine.

sanjai (none) 13 June 2014

Dear sir..,

I want to your opinion for the following matters..

my grand father who have 6 sons and 4 daughters with his wife. he suit a civil case for our residing area for 18 cents from 1962 onwards. In 24.06.1972 my grand father died. we have got a legal highership for my grandmother and her 10 childrens. At the time of my grand father death the childrens are teenagers so they are given the power and change the name of the properties to our grandmother for management and suit contiue. After that sons are get jobs in various places and they earn money and send to their mother for the improvement and development the joint family. The case came to an end by the proceedings of assistant settelement officer on 22.03.2012 to our grand mother's name. But our grand mother had given the properties(18 cents) to her 4 daughters alone on 10.04.2011 without the other sons knowledge. Now what i have to do to get my father's share.. Please explain

T. Kalaiselvan, Advocate (Advocate) 14 June 2014

@Bobby: It is not understood that in an EP,the court has ordered attachment without giving notice to you or hearing you, it is really surprising, but have you seen the order copy and have you shown it to your advocate?, Well if you have paid the EP amount by cheque, it itself is an acknowledgment, however you can collect the receipt from the court office directly if you have given the cheque in favor of court.

T. Kalaiselvan, Advocate (Advocate) 14 June 2014

@ Sanjai: The property in the hands of your grandmother is intestate property of your grandfather which will devolve equally upon all his legal heirs, though your uncles have given power to your grandmother then, she has got no right to settle the entire properties in favor of her daughters alone until all her sons have relinquished their rights in her favor by a registered release deed. Now they can file a partition suit claiming their right over their legitimate share in the property.