Can an undivided share of judgment debtor in a joint property be attached and sold for the execution of a decree in India?

Self acquired property of Grandmother, have two sons. Elder/First son and family are in possession of both the properties. Younger/Second son and his family stay in other state. After the demise of younger/second son his wife and two children filed a Partition case against Elder son of grandmother. The Partition case got compromised by an terms as written agreement between parties that on 3 installment a sum of amount will be paid. Due to non-co-operation by wife and two children of younger/second son they were not ready to sign documents by being present before sub-registrar. Judge passed judgement for payment of money. Thereafter, wife and two children of younger/second son filed an Execution Petition for promised amount including interest of 18%. Now decree holder filed application to attach entire property, where deceased younger brother and elder brother have equal right. How to safeguard and exclude the share of Judgement Debtor from attachment.

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Advocate By LEAD INDIA Answered: 16 Sep 2023

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