Legal Question in Criminal Law in India
In 1993, a case was lodged u/s 498-A, 307, 3/4 DP Act against 5 family members(Father, Mother, Sister, Brother(myself) and Husband). 4 (Father, Mother, Sister, Brother)of them have been acquitted from the court in 2003. Husband i.e my elder brother resides in USA since 1989. Against brother, the court has passed NBW through ministry of external affairs. But now the Judge passed property attachment order u/s 83. Now the police is threatening us for the house and goods attachment. What should we do? House is in my father's name. What should be a remedy?
3 Answers from Attorneys
in case the house belongs to your elder brother, it may be attached otherwise you can show the police and the court that the house is in the name of your father.
since the house is in the name of father, the property cannot be attached. You may move an application for setting aside the order of attachment on the basis of supreme court judgment against gujarat high court order in 2009
Make efforts for an amicable out of court settlement.
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