Legal Question in Wills and Trusts in India

Minor property & promissory note

BOUGHT A IMMOVABLE PROPERTY IN THE YEAR 1992 IN MY FATHER's NAME (OUT OF AFFECTION OVER FATHER). HE (DONOR) EXECUTED A REGISTERED GIFT DEED IN SEPTEMBER, 2004 IN MY (MINOR)SON's NAME (DONOR's GRAND SON) APPOINTING ME (DONOR's SON) AS GUARDIAN. THE WORD MENTIONED IN THE GIFT DEED THAT THE PROPERTY IN QUESTION WAS BOUGHT BY USING YOUR FATHER's (DONEE's FATHER) EARNINGS. DONOR PASSED AWAY IN OCT'2004.

BY EXECUTING PROMISSORY NOTE IN APRIL'2004 DONOR RECEIVED Rs.50000/- AND HAS A PERSONAL DEBT OF Rs. 50000/- AGAINST THE DECEASED DONOR. THE QUESTION IS (I) CAN THE ABOVE PROPERTY BE SUED, SINCE IT IS IN THE NAME OF MINOR? AND

(2) CAN I (DONOR's SON) BE SUED?


Asked on 3/10/07, 6:26 am

3 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Minor property & promissory note

as per the details given by you it seems that the suit will not lie against the property in the name of your son, but you can be sued as you must have recieved something from your father and even otherwise you are can be called for payments for the debts of your father.

in the trial the case can turn anywhere so hire a lawyer and have consultation with him/her.

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Answered on 3/10/07, 7:13 am

Re: Minor property & promissory note

1. No. after donation the property does not belonged to your father.2.Yes.

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Answered on 3/10/07, 12:27 pm
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: Minor property & promissory note

The Gift of Property to your son cannot be sued as it is minor's property once it has been gifted validly.

You can be sued only if you receive your fathers money.

B.Balasubramanya

Advocate.

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Answered on 3/10/07, 11:18 pm


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