Debt recovery
I belong to Rajasthan state.
Our private limited company failed in repayment of loan in which I was
one of the director and had given personnel guarantee.
1. Due to bad market conditions the company got sick and incurred heavy
losses and ultimately got closed in the year 1996.
2. Finance institutions filed suit in the high-court for the recovery of loan.
in the year 1998. They got decree and auctioned the property and assets
of the company in the year 2005.
3. The loan amount with interest had became so huge that even after
disposing off the assets of the company there was a considerable
amount left balance.
4. For the recovery of balance amount high-court has passed order for the
execution and the decree is now pending for recovery at the district court.
5. District court has served show cause notice (it is pending for hearing)
My position:
1. I am 62 year of age and after shutting down of the company I am virtually
on Road and doing job in a private company for lively hood.
2. I have no money to pay to the financial institutions.
3. Only one residential house was in my name which I have gifted to my son
in the year 2010 with due registry.
My question:
in the recovery process can they reverse the registered gift deed and attach my residential house which is now in the name of my son (with registered Gift deed executed in the year 2010)
Can I save my house which is the only thing I am worried about.
Please help me.