Civil Procedure Code (CPC)

Execution pitition to attach the property in bond case


I gave money of 7.5 lakhs  to one lady through bond with out neft or check ,now I got decree as that lady has to pay money  as favour for me,now that lady age is 58 years ,She has changed her property to her son's name ,now how to get the property attachment as she has no income and any properties .now I filed for execution of her property attachment ,Kindly suggest ,how to get my money back

 
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Practice

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. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, At Chandigarh

 

Disclaimer:- The opinion is just for guidance. 

 

 


Total likes : 1 times

 
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Hello Sirji, Great thanks for your swift response , I filed a case in 2014 on this case ,but sessions court passed the order in 2019 to pay the money with interest, That jobless lady transferred her property to her son in 2017 ,Now appeal is pending in HC, but I filed for her son's property attatchement  (earlier that property was on her lady name) , Now can I claim her son's property?

Kindly help me

 
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Practice

Dear Mr Pradeep, 

No you cannot claim her son's property. The executing court cannot go beyond the decree. This means that the judgment holder in the decree is the lady and not her son. Further, since the lady had transferred her property before the decree therefore your option of filing complaint u/s 421, 422, 424 IPC is also not available. 

While the case for under adjudication before the trial court you should have filed Application under Order 37 for attachment of property before decree on the ground that there is a likelihood of property being transferred. But since the water has already flown thus this is not possible now.  But you may continue with the appeal. There are other modes of recovery such as garnishee orders. Although the chances would be very less. Garnishee order means recovery from a person who owes money to judgment debtor (lady). But it is difficult to find out who owes money to the lady. 

However, I m still thinking and if I find something new, I will let you know. 

 

Regards

Shubham Bhardwaj (Advocate)

 

 


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Great thanks Sirji

 
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Practice

There is small typographical error in this message in LINE 2. 

Read " JUDGMENT DEBTOR" and not JUDGMENT HOLDER.

 

Regards 

 
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Retired employee.

Have you secured such certified copy of such a sale deed/transfer deed?  What is the opinion of your advocate about other criminal charges of transferring the property during lis pendense to cheat the creditors as fraud?


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There was no court order about that property till now ,the order is just to pay the money that's it .that's why the old and poor lady transferred the property on her son's name , now her son also took the loan of 15 lakhs on that property ,now court can't attach that property as per the IPC rules .

 

 
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Lawyer

Very well analysed, opined and advised by expert Mr. Shubham Bhardwaj, I fully agree and appreciate.


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Thanks for the reply Sir , So,There was no court order about that property till now ,the order is just to pay the money that's it .that's why the old and poor lady transferred the property on her son's name , now her son also took the loan of 15 lakhs on that property ,now court can't attach that property as per the IPC rules?
 

 
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