Mr. Ashok Dhamija,
Thanks for your reply. Please give me some clues or examples to prove dishonest intention since the beginning itself to cheat me.
My lawyer says to file a “Suit for declaration with injunction” to declare the gift deed to daughter as invalid and void, citing the facts that on demand of loan, debtor breached the loan agreement in pronote, debtor instead of selling the property and returning my money, gave all his three properties as gift settlement to daughter with malafide intentions in a view to escape from court attachments and proceedings of his properties, he made this fraudulent transfer to cheat the
creditors. He also filed for insolvency which shows his clear intentions to cheat the creditors.
To remind you, pronote for 10 Lacs was executed in 50rs stamp paper, in which father and his sons agreed that:
“On demand we will pay the loan with interest. when you demand the loan amount, if we don’t have money to repay, we will sell our assets and pay your loan.”
Lawyer says, the above line is very important for this case, based on which “Suit for declaration” to be filed.
Is this true? what are the chances of winning this case? If the gift deed is declared as void, then I can seek attachment of properties in my money recovery suit.
