• Right on husband's father's property

Respected Sir,
I am Raju from Visakhapatnam and I need your advice sir. So, please give the advice 
to me sir, for the given situation.
I gave an amount of 5lacs & 20lacs to my relative aunty (Santhi) before 2 years with an interest of 
18% p.a and she had two sons one was major and other minor. After that I received two promissory 
notes with a sum of 5lacs & 20lacs which was signed by Santhi (no other persons are signed except 
witness). But I did not take any cheque or any other documents which are relating to her. Because I 
trust her and now she is not giving my amount and at present she did not have any property in u
favour of her and her husband named (Vasu) and he was the elder son of (Sivanarayana) and 
Sivanarayana had three sons named Vasu, ravi and ramu but Sivanarayana has a 8acers property
(valued 1.5crores) in his name which was came from his father (murthy) (through inheritance). On 
12-01-2015 this property was given for development purpose to infracon private limited and also 
made a GP in favour of ramu , with the concent of (vasu ,ravi,ramu and sivanarayana) and recently 
vasu was died on 10-4-2015. Immediately I filed a suit on 1-6-2015 against the above property with 
the above promissory note of 20 lacs in Visakhapatnam district court but I did not get attachment to
the above property from the court. After 18 days I again filed a suit on 18-6-2015 against the above 
property with the above promissory note of 5 lacs in Gajuwaka court and I get attachment on the
same day to the above property. Now it’s time to attend the court for giving the answers which was 
asked by the opposite lawyer in the Gajuwaka court. But nothing happened in visakapatnam court.
My mother also gave an amount of 10lacs to above person (santhi) she also received a promissory 
note from her. And she also filed a suit on 1-6-2015 against the above property with the promissory 
note of 10 lacs in Visakhapatnam district court by the same advocate she also did not get 
attachment to the above property 
While asking the attachment in visakhaptnam district court opposite lawyer is argued that they have 
an attachment in Gajuwaka of the above property so you didn’t give any attachment here and then 
judge say that one attachment is sufficient for that property and you have already attachment in 
Gajuwaka, and then judge noted that point in the suit papers.
Wheather above attachment is sufficient for me and my mother? What happened when attachment 
is cleared in Gajuwaka court?
Wheather we both are eligible to get amount from the above property? If eligible how much we get?
Is it my suit is valid .wheather we will gain this suit or not.
What is the remedy to get attachment in Visakhapatnam to me and my mother? If attachment is not 
given by the court to my mother, what happened to my mother’s suit?
Sir please help me sir, please give your valuable advice to me and I am waiting for your advice.
Thanking you sir.
Asked 12 months ago in Civil Law from Visakhapatnam, Andhra Pradesh
1) if your aunt had given promissory note you should have filed summary suit to recover the loan amount of Rs 25 lakhs . 

2) court would have passed order to direct your aunt to deposit money in court or given you decree if defenses sought to be raised were moonshine or sham defenses 

3) since you have already file suit for attachment before judgement and court has granted attachment your aunt will not be able to sell the property unless amount payable to you in the suit   is repaid 

4) it is necessary to peruse suit papers and orders passed by court to advice . 

5) your mother should also have filed summary suit against your aunt to recover the loan amount . since your mother has no got any attachment order by court her interests are not protected 
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Wheather above attachment is sufficient for me and my mother? What happened when attachment 
is cleared in Gajuwaka court?
A property can be attached by any court and that can be sufficient for the property being not able to be alienated. If the property has been attached for security before judgement, the court will not release the property without getting a replacement for the secured property.


Wheather we both are eligible to get amount from the above property? If eligible how much we get?
The recovery will not be from the above property, it is after the court judgment in yur fvor you can file an execution petition by which you can claim the money seeking to auction the property attached and recover the amount. 

Is it my suit is valid .wheather we will gain this suit or not.
Yes, the suit is very much legally valid.

What is the remedy to get attachment in Visakhapatnam to me and my mother? If attachment is not 
given by the court to my mother, what happened to my mother’s suit?
The attachment what you seek now is not for recovery but just a security for the loan amount hence it will not make much difference.


T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
1. It is true that since the property has already been attached as per order of a Court, Visakhapatnam Court need not issue another order for the attachment of the same property,

2. All the promissory holders and debtors will have right on the share of the property of Shanti which she will get from her deceased father,

3. Take maximum care to ensure that the attachment of the said property is not vacated.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. If the husband of the borrower died intestate whereupon the wife along with other heirs succeeded to his property then the lender can enforce the liability against the share which the borrower wife got through succession. The property can be attached and sold to recoup the loan amount which the borrower is held liable by the court to pay.

2. The same property can be attached in execution of the decree in favour of more than one lenders, in which event the sale proceeds are to be divided in accordance with the amount which the borrower is liable to repay to each lender. Attachment of a property in one suit does not preclude its attachment in another suit.
Ashish Davessar
Advocate, Jaipur
18162 Answers
449 Consultations
5.0 on 5.0

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