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Property Attach of their parents or grandfather


03-Apr-2025 (In Property Law)
I won the decree of ex parte against the defandant now i am filing a money recovery petition. so one property where he is living before belongs to their grandfather now he is not alive but his grandmother is alive. and second property i dont who owns their father or mother i dont know can you explain how court will recover my money. he is not doing any job.
Answers (1)

Answer #1
815 votes
Since you have an ex parte decree, you can now proceed with execution under Order 21 of the CPC. If the defendant has no job or direct source of income, the court can recover the amount by attaching his movable and immovable assets. To attach property, you must first verify ownership details by conducting a property search at the local Sub-Registrar's Office. If the property belongs to his grandmother, it cannot be attached unless he has a legal share in it. For unknown ownership, you can file an application seeking details from the revenue department. If no assets are available, you may request the court to issue a warrant for his civil imprisonment under Order 21 Rule 37 CPC.
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