Im a Junior advocate and i need your help to do justice for a poor family..
Here my client is a student and his father was died recently, my client father took the borrowed the amount of Rs 5,00,000/- from money lender with surety of promissory notes and paid the interest RS 14,000,00/- (written in his Dairy)before he died. By those promissory notes the money lender filed the suit in court asking the amount Rs 7,00,000/- including interest, against the my client stating of legal heirs. And also asked the court for attachment for property of my client.
My client is poor person and his family is poor. So they are not in a stage to pay the amount. Here my client and his family living their own house. Actually this house was assigned land house and the government given the assigned land to his grand mother for housing purpose on 30 years back. My clients grand mother was died 6 years back and all the land, municipal ,water taxes are in the name of his grandmother.
Before his grandmother was dead, she made a gift deed for her grand children’s on a non judicial stamp paper. My client is one of the grand children,
Now my questions are:
1. will a person has a right to ask the attachment on assigned land?
2. will court permit the attachment of assigned Land..?
3. will court can go for attachment even in a Assigned lands (who’s a person actually don’t have any right on the land, the government is the owner of the land
As of my knowledge:
In the case of assigned lands the person don’t have right on the property, he don’t have a right to transfer, all rights at reserved to government. So if a person don’t have a right on property to transfer or sale it automatically tells that he is not holding the that property. In this situation when the court will given the attachment on property(some others property i.e government property(assigned land)
According to A.P. Assigned Lands (Prohibition of Transfers) Act 1977.
Section 3(2) of the Act declares that no landless poor person shall transfer any assigned land and
no person shall acquire any assigned land. Sub-section (3) of Section 3 declares that any transfer or
acquisition made in contravention of the provisions of Sub-section (1) or Sub-section (2) shall be
deemed to be null and void.
And the"Landless poor person" and the term "transfer" are defined in Sections 2(3) and 2(6) respectively
as under: and the act protects the transfers
"Transfer" means any sale, gift, exchange, mortgage with or without possession, lease or any other
transaction with assigned lands, not being a testamentary disposition and includes a charge on such
property or a contract relating to assigned lands in respect of such sale, gift, exchange, mortgage,
lease or other transaction.
So please help me experts, we can save the poor family.