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Judgment Debtor's Wife's Personal Properties Cannot Be Attached Even If Gifted to Her to Defeat Decree Holder's Claim: Kerala High Court

31 Aug 2026 7 min read
Judgment Debtor's Wife's Personal Properties Cannot Be Attached Even If Gifted to Her to Defeat Decree Holder's Claim: Kerala High Court

The Kerala High Court has held that the personal properties belonging independently to the wife of a judgment debtor cannot be directly attached in execution proceedings merely because she knew that her husband had transferred property to her with an intention to defeat the decree holder's claim. Justice Easwaran S. clarified that the decree holder has a separate legal remedy under Section 53 of the Transfer of Property Act, 1882…

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