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Rani Kumar (Home maker)     27 August 2020

Pauper notice trick for money recovery suit

My mom cheated me by taking loan from me and not returning the same. She gave me cheques which got bounced. I initiated civil recovery suit to attach her properties since the loaned money belongs to my husband.

Since she would definitely loose the case she cleverly alienated her property by making family settlement/gift deed on my brothers name so that she can give pauper notice later.

How I could realize my money back should she use the pauper notice trick? 

Thank you



 6 Replies

Dr J C Vashista (Lawyer)     28 August 2020

You have already engaged an able, competent and intelligent lawyer to proceed in your case, who is well aware about facts and circumstances of the case, what is his /her advise ? Proceed accordingly, without waiting for an obligation of experts on this platform  which would be based on limited facts posted by you and bound to differ. 

Kishor Mehta (CEO)     28 August 2020

Any fraudulant transfers or settlements of assets after the date of creation of debts is invalid and bad in Law. 

P. Venu (Advocate)     28 August 2020

Yes, you can get such transfers declared bad in law.

1 Like

Rani Kumar (Home maker)     28 August 2020

Originally posted by : P. Venu
Yes, you can get such transfers declared bad in law.

But how to get the property auctioned and I can realize the money when someone else is the owner now.

P. Venu (Advocate)     28 August 2020

What is the present stage of the pending civil suit?

1 Like

Rani Kumar (Home maker)     28 August 2020

Originally posted by : P. Venu
What is the present stage of the pending civil suit?

Case is at the district court and the judge denied to give temporary injunction during the first argument and then COVID now with district court closed since 5 months. Defendant used this 5 months to alienate the property!


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