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Smt Nisha Sharma vs. M/S Intec Capital Limited and Ors

Execution First Appeal (Commercial) · 2026:DHC:8756-DBDecided 6 Oct 2026New Delhi Bench
EFA(COMM) 28/2026CNR: DLHC010442742026
Justice Anil Kshetarpal · Justice Shail Jain

Background

After a lender won an arbitral award against several guarantors, it sought to attach and sell one guarantor's half-share in a family house. Shortly after that guarantor was served with the execution notice, she transferred her share to her sister-in-law (the appellant), who already owned the other half of the same house and who later objected when the share was attached and auctioned anyway (bought by the appellant's own son-in-law).

Decision Breakdown

The Court held that because the property had already been specifically identified in the pending execution case before the transfer happened, the transfer remained subject to the execution proceedings under Section 52 of the Transfer of Property Act, and didn't place the share beyond the lender's reach. It also found the appellant couldn't reopen the same ownership argument a second time, since an identical objection had already been rejected earlier and not appealed, and that the surrounding facts (payment timing, continued family occupation, auction bought by a relative) suggested the transfer was intended to defeat the lender's claim. The appeal was dismissed and the auction sale of the guarantor's half-share was upheld.

Lesson Learnt

Transferring property to a family member after you've been formally notified of a pending court recovery case won't shield that property from execution, and if you lose an ownership objection once without appealing it, you generally can't raise the same claim again later.

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