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Judgement to recover loan passed by court can my property be attached?


05-Feb-2023 (In Recovery Law)

My father was a government employee. He took loan from co-operative society. Unfortunately he had to voluntary retirement. Now he is not in a position to pay his debts. The property is on my name. The district court passed the judgement to recover the money from my father. Can my property be attached in this situation?

Answers (1)

Answer #1
567 votes
If the District court has passed the order, the Co-operative society will have to start the execution of the Judgment and Decree. If the property stands in your name and if you were not a party to the original proceedings, property standing in your name can not be attached. However, if the Co-operative society claims and is able to prove that, the property in your name was really purchased by using your father's funds and was purchased in your name only to defraud the creditor during the original proceedings, it an claim attachment of the house. Neverthless, you will be heard by the court before passing any order against you.

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