1. File a petition for attachment of property before passing of judgment. Make his daughter also party to the suit.

2. No

3. Follow my reply no. 1.

4. Apart from money recovery suit file criminal case of cheating.

5.No,its not possible.

6. Not possible

7. Make her party to the suit.

8. Yes, you can.

You can file Police complaint of cheating and criminal breach of trust against uncle

2) if Police refuse to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct Police to investigate and submit report

3) you have to file suit to set aside gift executed by father in favour of daughters as it is fraudulent transfer

4) you need not wait till passing of decree to file suit

5) in summary suit for recovery of money daughter is not a party as no loan was taken by her

6) complain to sub registrar that proper stamp duty has not been paid on gift deed

1.The said pro-note can be considered as an agreement and based it, petition can be filed for recovery of the money lent and also cancel the said gift deed fraudulently executed and registered to defraud the lender. You can also file an application praying for a stay order restraining the said daughters in dealing with the said gifted properties. Police complaint for cheating you can also be lodged and in case police refuses to act, you can file a Writ Petition before the High court praying for a direction upon the Police to investigate and cat based on your complaint duly registering FIR in this regard.

2. Daughters are not in the picture at all personally. Only thing is that their gift deeds shall have to be cancelled.through Court order.

3. Yes, it has already been advised above.

4. Money/Recovery suit as advised above shall have to be filed.

5. In the Money Suit itself you should add the prayer to cancel the said registered gift deed.

6.The Money suit to be filed by you as advised above should also have the prayer to cancel the registration of the said gift deeds fraudulently registered by the borrower.

7.The daughters are not liable to pay the debts during the lifetime of their father. You shall have to get the registration of the gift deeds cancelled.

8. You should bring a stay order restraining the daughters in selling the said gifted properties. Other methods to stop the said sale are secondary.

In current circumstances you have to file civil suit for cancellation of gift deed. This gift deed is made with intention to frustrate you right.According to Section 53 of the Transfer of Property Act is gift deed is white because it is a fraudulent transfer made with intention to frustrate the right of creditor. If a transfer of immovable property made with intent to defeat or delay the creditors of the transferor then such transfer is voidable on the option of creditor. If you file a civil suit for cancellation of gift deed then you will get success because according to Section 53 the court can cancel the gift deed.

In the same suit for cancellation of the gift you can claim temporary injunction against his daughter for preventing her to alienate this gifted property.

1) court fees is state subject and varies from state to state

2)file suit to set aside fraudulent transfer made by uncle as advised herein above

3)the loan agreement is sufficient to set aside fraudulent transfer

4)you can file suit to set aside gift deed as advised by your lawyer

I actually asked him to return

money, he gifted his 3 properties to daughter.

Can I complaint under section 420 fraud and 416 for breach for trust? What if police says civil case?

It is indeed a civil case, the police may not be of any help to you, 420 case may not be maintainable.

2) father gifted the assets and filed for insolvency stating he is unable to pay the debts. Father is not dead. IP is pending. Now whether Daughter is liable to pay father debts because she received the assets of father?

The daughter is not liable to pay the debts if this transfer was done before you initiated any legal action for recovery of yor loan amount. Why have you not file a petition for ABJ?

3) File separate suit for injunction against daughter from selling her property. Indicate the agreement in point no 1, father gifted and filed insolvency, daughter received gifts and trying to sell. My lawyer says, daughter did not borrow from me, she is a 3rd party, so court will not grant injunction. Is this true?

The opinion of our lawyer is right.

4) Based on agreement in point no1, pronotes, money suit, IP petition, what case to file to cancel the gift transfer to daughter and attach the properties?

You cannot file any case to cancel the gift deed since you are not party to it.

5) File "set aside" suit under section 53 of TP act to cancel the fraudulent transfer of property to daughter with intent to defeat or delay the creditor, also mention agreement in point no1 My lawyer says: I can file this suit only after getting DECREE from money suite. If I file now, it will be rejected. Is this true?

Section 53 in The Transfer of Property Act, 1882

1[53. Fraudulent transfer.—

(1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed. Nothing in this sub-section shall impair the rights of a transferee in good faith and for consideration. Nothing in this sub-section shall affect any law for the time being in force relating to insolvency. A suit instituted by a creditor (which term includes a decree-holder whether he has or has not applied for execution of his decree) to avoid a transfer on the ground that it has been made with intent to defeat or delay the creditors of the transferor shall be instituted on behalf of, or for the benefit of, all the creditors.

The provisions of law is given above, hence your anxiety has no answer in law.

6) Can I file Declaration suit with injunction to cancel the gift transfer to daughter citing the agreement in point no1 and father filed for insolvency. Is this possible? is this a quick remedy?

Not maintainable.

7. Not maintainable in law.

8) In the gift deed, guideline value of property is declared, not the market value to save 50,000rs in stamp duty of 1% maximum 25k. Should I complaint to the sub-registrar or file a case in court? this will delay their selling process, also new buyer will think think twice to pay 7% stamp duty of around 2.5 Lac

You can do that to disrupt their further process.

Your new lawyer may find new ways to satisfy you but the chances of winning this on the basis of his contention are just 50 50.

You may try your luck as suggested by or lawyer, but please remember that the multiplicity of proceedings may cost you dearer.

1. You can file the declaratory suit which I termed as Money/Recovery Suit. There should be associated injunction petition restraining the daughters to deal wih the properties till the suit is disposed of.

2. This may not be enough but you have no other evidence to prove your point.

3.& 4.you shall have to pay the Court fee based on the amount you want to recover.

5. Filing application before the high Court for combining ll he cases may not be required as you can file an application to the Court if those are filed in the same court. You can file a police complaint for cheating you and then approach High Court for an order directing the police to register FIR based on your complaint and ct accordingly.