https://www.taxtmi.com/caselaws?id=310935 A creditor may raise Section 53 of the Transfer of Property Act, 1882 in proceedings for attachment before judgment and seek adjudication of whether an immovable property transfer is voidable, without filing a separate suit. The court noted that Order XXXVIII of the Code of Civil Procedure permits attachment where property is being placed beyond reach, and the post-1976 claim-and-objection mechanism under Order XXI Rule 58 allows final determination of title, right and interest in attached property. The creditor's request for attachment itself operates as an election to avoid the impeachable transfer, and the transferees can be heard in that motion. en-us Tue, 23 Jan 2001 00:00:00 +0530 Mon, 27 Nov 2023 16:59:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310935 A creditor may raise Section 53 of the Transfer of Property Act, 1882 in proceedings for attachment before judgment and seek adjudication of whether an immovable property transfer is voidable, without filing a separate suit. The court noted that Order XXXVIII of the Code of Civil Procedure permits attachment where property is being placed beyond reach, and the post-1976 claim-and-objection mechanism under Order XXI Rule 58 allows final determination of title, right and interest in attached property. The creditor's request for attachment itself operates as an election to avoid the impeachable transfer, and the transferees can be heard in that motion. Case-Laws Indian Laws Tue, 23 Jan 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310935