Legal Question in Civil Rights Law in India

cancellation of gift deed

respected sir, I had advanced in two phases a sum of Rs.20 lakhs to X and Y who happen to be the son and mother in relation. X is the principal borrower and Y stood as surety. Upon making a default in repayment of loan by X and Y, i instituted two money recovery suits of which one is decreed in my favour while other is pending for trial. During the pendency of suit, Y had alienated the property inspite of injunction orders which were subsequently dismissed on maintainability grounds while in other suit attachment on property exists but the orders were issued by the court subsequent to filing of the suit. It is point to note that 'y' had alienated the property inspite of pre-existing mortgage loan with third party wherein she had deposited the original title deeds as security and subsequently cleared the loan whereas she had alienated the property when the property was under mortgage. To execute my EP the only property available is the alienated property and i had instituted a gift cancellation suit which is in pending highlighting the Sec. 53 and 52 of The Transfer of Property Act. My question to you is whether i can succeed in the suit and in further can you elaborate the meaning of creditor as laid down in Sec.53. T.Q.

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