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Can a joint property be attached and auctioned


06-Apr-2023 (In Property Law)

Brothers were running a partnership firm & they were mfg. of products. business was shut due to losses. One worker went to labour court & sought order against my father and uncle. The order was passed ex parte as firm didn't had money to fight in court 10 yr back. Please note that all the summons were served to partners but they didn't responded as they themselves were under difficult situations. Questions are as under 1. Can the joint property be attached and auctioned (owned by partners along with sister and mother) as liability is only of partners? if yes, how to prevent auction

Answers (3)

Answer #1
791 votes
Very First must be taken is this...

Plz file the petition Misc. Application for Restoration of case. Once it is allowed by the court, then in the main case, you may take all the disputes, grounds, etc.
In case of joint property, particular that share can be attached.. But it also can be challenged and many more..
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Answer #2
550 votes
No, Joint property can not be attached but can be auctioned only part of decree debtor and auction purchaser can buy a part of decree debtor.
After that auction purchaser can enforce his right later on by seeking a partition of the property accordance with law.
You have two remedy available,
1. File an appeal against judgement of labour court
2. Give objection in execution proceeding.

Answer #3
423 votes
Normaly, an undivided property share will not be accepted for security without the consent from the joint owners. The property can be attached if all owners have pledged the property as security.
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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.

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