Legal Question in Banking Law in India

Attachment of Jt property in recovery proceeding by DRT

Recovery certificate (RC) was issued against A by the DRT.

A own a residential house jointly with B. This property was purchased before the RC was issued.

Attachment order (AO) was issued against A to attach the property. Can such AO be enforced? Without having clear title by A, can the property be attached?

Would the answer by different if A & B are blood relative.


Asked on 3/20/09, 5:44 am

3 Answers from Attorneys
J. Radhakrishnan independent Practice

Re: Attachment of Jt property in recovery proceeding by DRT

The R.O. can attach only the undivided half share of A. If the entire property is attached, it is advisable for B to prefer a claim petition regarding his undivided half share and get the same released from attachment. It does not matter whether A and B are blood relatives whatever you may mean by 'blood relatives' to the above course of action which is recommended.

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Answered on 3/20/09, 6:36 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Attachment of Jt property in recovery proceeding by DRT

A agree with the opinion recorded above.

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Answered on 3/20/09, 7:36 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Attachment of Jt property in recovery proceeding by DRT

approach a DRT lawyer.

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Answered on 3/20/09, 9:23 am


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