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HI12345678 (manager)     18 November 2014

Land attachment

sir,

I have filed an application in court to attach a property of  defendant as security in a cash recovery suit.. 

The suit and attachment application was filed in filed in february  and till date the attachment is not sanctioned by court as the defendant has produced the details of another property more than the value of the suit  owned by him,his wife and father and pray to the court that the property in my attachment petition should not be allowed instead court may attach the properties he produced before the court... 

I am not known to the properties which the the details have been produced and my advocate says that court may grant the attachment to his produced properties. respondent has said to the court that he sold the property recently which I was deamnding, but is not sold yet.

Please advise what I can do to get the attachment of my requested property... 

Should I need to file a caveat notifying to ban any dealing on my attachment schedule property..

please advise



Learning

 2 Replies

Jayashree Hariharan (Advocate)     18 November 2014

you can file your objections, but it is the discretion of the court to grant attachment to any of the property. however you can prove that the property has not been sold. 

secondly, the higher property value has many owners, so you should check how much share he has in that property and whether it is worth the value of your money.

 

pls refer to your lawyer, he will come out with brilliant ideas

HI12345678 (manager)     26 November 2014

Thank you for the advise.. Please advise is it wise to file a caveat to prevent him from selling his properties until court will grant me the attachment 


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