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Muthukumar (powerloom)     30 April 2010

Promissory Note

Do anyone  help me sir ?I am a plaintiff i file a promissory note case which who get money from me and not repay. He have no property in his name but his father have a property and he was now dead on 2009. He have 2 son and 1 daughter can i able to attach his undivided property for surity sir. Is there any Order passed in the court before by attaching undivided property?.


 3 Replies

Pankaj Mehta (Advocate)     30 April 2010


You didnt mentioned  about the status of the case, also didnt mentioned that whether the defendant got died or father of defendant got died??

If the case is under trial and defendant got died, his legal representatives must have been taken on record, then the Lr's will be jointly liable for the repayment of decreed amount. 

Muthukumar (powerloom)     30 April 2010

Dear Sir,

                     Status of the case ;- It is under trail (service stage) Father of the difendent was died (intestate). We are filing Attachment before judgement petition. Defendent have no property. Defendent father only have property. Defendent have 1 brother and 1 sister. There is any possiblities to attach the undivided Shareof the property of the defendent's father.

A V Vishal (Advocate)     30 April 2010

Not possible unless the defendant succeeds his father's property

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