Legal Question in Credit and Debt Law in India

i am a science student i dont know how to ask the question properly, please understand my language and reply to me,

my friend gave 5 lacs ruppese to a govt employee with an interest of 2 ruppese through promissory note on octber 2007, and my friend kept his land documents. from that day onwards he didnt made single payment my friend filed case in court and gave him legal notice and at got attachment for the land ,but the correct address was not known he did not received the legal notice. my fried came to know that he is trying to sell that land and he is going to retire on july 31, 2010.my question is

1)we got attachment for the land through court but he is trying to sell the land,is it possible for him?how can we stop him .we want that land.

2) he is going to get arond 6 lacs retirement benifits can we recover that amount


Asked on 4/01/10, 4:48 am

1 Answer from Attorneys
KAMAL GROVER

File an application in the court mentioning these facts and court will itself order to the tehsildar to seize documents of this property so that he may not sold out this land.

Moreover once any land is attached then no one can sell it out. but coz he did not receive the notice therefore he may appear now and say made an excuese that he was not aware about this case and will try to delay the case noting else.

So better way is demand the court to auction the land immediately.

Regards

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Answered on 4/01/10, 10:03 am


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