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Attachment Before Judgement using In Wrong Way.
28-Aug-2023 (In Property Law)
My father was deceased. He has a home which is under bank loan. So i want to sell the property. One money lender who gets more interest is urging us to return his money without any legal documents. I dont know him before. He told us that he will file a case for attachment before judgement. Can i sell the property now. the home is on my father name.we are going to get advance from the home buyer. is it legal to sell the property without any problems for the buyer. He is trying to change unsecured loan to secured but i heard that he got more interest than principle. Please answer.
In this case, I would like to know the person causes any legal notice or not and further what based of documents he demanding money. I have a vast practice in that area you can seek my assistance in your matter.
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Adv. Raghuraman Balaji
Chennai | 900+ Answers
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First of all you need to find out whether your father had availed loan from the lender. Without any supporting documents he cannot claim so. If he wishes to proceed by filing a civil case then he has to provide evidence to the court. Attachment before judgement cannot be granted on flimsy evidence.
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Dr. S. Diraviam Dinesh
Chennai | 1000+ Answers
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