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Attachment of property of worth 45L to 1.5cr to recover 1-2L


25-Jul-2025 (In Recovery Law)
Hello taken debt of 3L with promising note without mortgage of any prop we paid 2L prncpl to witness person not creditor noe only 1L+interest remains now creditor files suit for recovery full amnt n attchmt of prop during case i transferred prop to wife as gift deed befre stayorder to avd dispute is this possible to be attched for 1-2L remng with false claim to attch 45-1cr worth prop will transfer of prop will be valid can we win case we have trns of paid to witn prsb n recpt of paid 2l in WA
Answers (1)

Answer #1
819 votes
If you transfer the property to your wife to avoid creditor claims, the court can declare it fraudulenth and still attach it. Payment to a witness won't help unless you prove creditor received it. The creditor can climb the balance, and the property can be attached if transfer is meant to defeat recovery. Proof of Partial payment to a witness, not to creditor, may not protect you unless there is evidence creditor received that amount. Even if the transfer is done before a stay order, if it's proven that it was made with intent to defeat the creditor's claim, the court can cancel it. Your chance to win depends on genuine payment proofs, timing and what weather transfer can be justified as bonafide.
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