Legal Question in Civil Litigation in India

SIR, i had filed a suit towards recovery of money from D1 and D2 who are elder son and mother in relation to each other. After the institution of the suit, D1 is absconding from the present living society whereas D2 had contested the case fully. Very recently i had won the case and accordingly the judgement was passed in my favour by way of the honourable court directing the defendants to pay the suit amount along with costs and interest collectively, jointly and severally. After availing the loan from me by the defendants, D2 intentionally in order to evade from her payment had transferred her entire property by way of gift deed in favour of her younger son by denying any share to her elder son i.e., D1. D1 is not having any properties of his own. Now the entire property is vested in the hands of the hands of third party who is none other than the younger son of D2. How do i proceed further in execution proceedings? Does any of the provisions like Sec.53 or Sec.128 of The Transfer of Property Act come to my rescue towards realisation of suit amount? Please clarify in detail. Thank You.


Asked on 10/30/09, 5:29 am

1 Answer from Attorneys
Seshadri Srinivasan www.lawconcern.com

Certainly law helps you and the transfer can be assailed as a void transaction so that You can attach and sell the property for your decree satisfaction.

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Answered on 10/30/09, 5:36 am


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