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I AM AN INDIAN CITIZEN. BOUGHT A PROPERTY IN THE NAME OF MY FATHER, BEING A HEAD OF THE FAMILY AND OUT OF AFFECTION OVER HIM. MY FATHER (DONOR) SETTLED THE PROPERTY IN MY MINOR SON's NAME (DONOR's GRAND SON) BY EXECUTING A REGISTERED GIFT DEED APPOINTING MINOR's FATHER AS GUARDIAN AND MENTIONING THAT THE PROPERTY WAS PURCHASED BY USING YOUR (MINOR) FATHER's (DONOR's SON) MONEY. AFTER THAT HE PASSED AWAY. DONOR HAD SOME DEBT AND HAS NO OTHER PROPERTY LEFT IN DONOR's NAME.
THE QUESTION (1) CAN A MINOR PROPERTY BE ATTACHED? AND
(2) CAN THEY SUE ME?

2007-03-09 14:29:19 · 4 answers · asked by subbarayan v 1 in Family & Relationships Family

The property was bought in 1991. and the debt of Donor arose in 2004 FEb. due to execution of promissory note and the property in question was no where shown in promissory note. After execution of promissory note, the donor gifted the property to minor (grand son). In that case, (i) can the property be attached against the due of donor, who executed promisory note before his death.
ii) can the son of donor (guardian of donee) be sued?

2007-03-09 15:32:51 · update #1

4 answers

NO MINOR PROPERTY CAN NOT BE ATTACHED AND CANNOT SUE.

2007-03-09 15:14:59 · answer #1 · answered by RAMAN IOBIAN 7 · 1 0

Yes the property can be attatched as the agreement was made with a major and the property then belongs to U R father who was a major the person can claim the debt from that property. Only agreement with a minor is void but the agreement is made with a major and the property is in the hands of the major while the agreement was made.

2007-03-09 22:37:06 · answer #2 · answered by Ramasubramanian 6 · 0 0

legally minors can't enter binding contracts so the property is legally fathers or grandfathers, property can be attached for outstanding debts. also they can be sued not the minor.

2007-03-09 23:00:33 · answer #3 · answered by singledad 7 · 0 0

Can't answer that one but good luck.

2007-03-09 22:32:17 · answer #4 · answered by Clara 2 · 0 0

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