Respected Sir's
I have came across a money suit where, attachment before judgment for immovable property of defendant is not effected. Subsequently suit is decreed in favor of plaintiff. However, the defendant transferred the title of immovable property to his sister-in-law pending the suit proceedings and she very well aware of this suit. Now, the plaintiff filed EP for arrest of defendant/ J.Dr.
- Does the transfer of title by defendant amounts to fraudulent transfer intending to defraud the creditor?
- Can the sale be set aside as not being a bonafide transfer?
- Does it need filing of any separate suit or can be done in EP itself?
Please pass your valuable suggestions for further steps.
EP is enough for obeying the court decree/judgement orders of the court
