• Property or investments on minors name be court attached

1. can a property /bank account / Monthly pension Scheme of post office / NSC on a minors name be attached by court.
2. Monthly pension scheme and NSC on my name be court attached ?
Asked 2 years ago in Property Law from Pune, Maharashtra
Please give some background facts to your query.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
as per amendments made by Govt in SEBI act , SEBI  has been given powers to attach The properties and bank accounts that  include those transferred to the names of his spouse or minor child, or son's wife or son's minor child.
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Hi, property in the name of minor and bank account in the name of minor can't be attached   and it is exempted under law.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
As per new SEBI rule the assets if transferred by him to his wife minor child sons wife sons minor kids  but Minor child's asserts can be attached only with the due permission of the court .since minors has no source of income.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi, Normally  in criminal cases court will not going to attach the property of the accused court may impose fine.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
state facts of ur case in detail to get proper reply.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
In criminal cases property bank deposits etc will not be attached only in civil cases the property bank deposit etc will be attached.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
what is nature of criminal case filed against your friend? 

how was property transferred in name of minor son ? please clarify
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
In a criminal case the end result is acquittal or conviction. In conviction accused can be imprisoned or fined or both. In case fine is not paid, prison term is extended. There is no attachment to recover fine.
Academically in some cases the property of minor can be attached
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
On account of criminal case,property of minor can not be attached.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
SEBI has been empowered to attach the properties transferred to a minor child by the parents, albeit there has to be a nexus between the attachment and the objective sought to be achieved by it. Unless the property has been obtained in a fraudulent manner it cannot be attached.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
The properties transferred by your friend to and the bank accounts created by him in his kids name cannot be attached if they have no nexus with the incident in respect of which he is facing trial.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
A. Minor movable  property cannot be attached unless proved  fraud, misappropriation, the wrongful gains made in contravention of laws.

B. The SEBI amendments have made it clear that SEBI would have powers to pass orders against any person who has made a profit or averted loss by indulging in any transaction or activity in contravention of the provisions of the Sebi regulations.

C. In Criminal Cases, you can go through the above colleagues' comments.
B.T. Ravi
Advocate, Bangalore
736 Answers
29 Consultations
5.0 on 5.0
1. It is very difficult to advise without having details of the fact,

2. What type of criminal case is it?

3. If it is for murder then leave apart his minor son's property, even his property will not be attached. He will be just hanged only,

4. If it is for defrauding people in mass like 'Sharada' case wherein few lakh person's money was collected with assurance of high return but after some time the owners ran away, the property transferred in the name of the minors by the said owners, after such scam was detected, can be attached by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0

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