×
  

Continue to LawRato.com with Google


Continue

How to get property attached before any judgment?


Mother and son had executed me a promissory note for one lakh, now, they are selling their property. But the property was on the name of father, who was dead 15 years ago. How to take attachment of the property before judgement. Is it possible or not Please answer me...


Answers (1)

Dear Sir, To my knowledge and information, You can file under Order 38 rule 5 of CPC

Where defendant may be called upon to furnish security for production of property—

(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,—

(a) is about to dispose of the whole or any part of his property, or

(b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court,

the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why he should not furnish security.

(2) The plaintiff shall, unless the court otherwise directs, specify the property required to be attached and the estimated value thereof.

(3) The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified.

(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule such attachment shall be void.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Civil Lawyers

Advocate Preeti Joshi
District Court, Gurgaon
10 years Experience
Advocate T Kalaiselvan
Kosapet, Vellore
17 years Experience
Advocate Sudershani Ray
Kailash Hills, Delhi
11 years Experience
Advocate Unmesh Gopal Dindore
Shaniwar Peth, Pune
10 years Experience

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.

Similar questions

I HAVE FILED A PETTITION IN RENT CONTROL COURT TRIVANDRUM FOR THE EVICTION OF MY TENANT IN MAY 2017. FOR THE LAST ONE YEAR THERE IS NO JUDGE IN THE CO…

Read More

Dear Sir, I had filed an appeal in the High court against a decision by ADDITIONAL DISTRICT JUDGE in 2015 under Rent control Act. In every listing of …

Read More

Hello Sir, Recently Judgement pronounced in an Accident case that " respondent no:1 (My Uncle) and respondent no: 2(Insurance Company) are Jointl…

Read More

We have right to enter will portion in my grandma property as per judgement but my uncle son who is already in the possession not allowed us .we tried…

Read More

Get free assistance for your legal issue