Legal Question in Wills and Trusts in India

Re: Minor property & attachment

when a property is settled/ gifted it is done but if the settlement has been aftermath with libilities the bebtors may seek for courts order declaring the settlement deed is null and void - for the reason that it has been done to evade the debtors and having known the liability and that there were no other means to clear the liability! And if the settlement goes along with the liability the minor has to bear the liability - for details the documents have to be verified!

Re: Minor property & attachment

Yes,creditors can recover the ammount from grand son who received the property.

Re: Minor property & attachment

yes

Re: Minor property & attachment

after the registration of deed the property stood transferred to grandson and cannot be attached, however if it can be shown that the transfer was malfide for defeating the claim of the creditor it is open to attachment. A detailed answer is possible only if facts are given.

Re: Minor property & attachment

Yes definately the creditor can get the property attached, since at the time of making gift deed, there were already some debt on grand father. So it could be shown that the transfer was to defeat the claim of creditors.

Another way is under the doctrin of pious obligation of grand son to satisfy the debts of his grandfather, now this principle is not that much applicable, but such claim can certainly be satisfied from the property interest of the deceased that has been tranferred or inhereted by his grandson