Dear Mr Pradeep,
As per your query the judgment debtor (lady against whom court has passed decree) has transferred the property to her son to evade the execution of decree which was passed in your favour. Now you want to know what are your options. Please note the following:-
1. In India, no one takes civil court seriously because the procedure in civil court is so complex that it takes years to get the decree executed. In the mean time the judgment debtor arranges his affairs so as to evade the decree altogether. Just like in your case where the lady has transferred her property to her son to evade the decree.
If the property was transferred before the decree was passed then in that case you really are helpless and cannot do anything about it.
But if the property was transferred after decree was passed then you may file a complaint to judicial magistrate First class under section 421, 422, & 424 IPC on the ground that the transfer of property to son has been done specifically to evade execution of decree. Although the complaint will have to be properly drafted and filed in the court of judicial magistrate first class.
Further, file execution application in court which passed the decree. REMEBER A FEMALE CANNOT BE ARRESTED IN EXECUTION OF A CIVIL DECREE FOR PAYMENT OF MONEY (see section 56 CPC). But a female can be arrested for criminal offence.
All the best.
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, At Chandigarh
Disclaimer:- The opinion is just for guidance.