Please give some background facts to your query.
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 ?
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.
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.
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.
A friend of mine is under trial for criminal case / not any financial frauds etc . so he transfers the property to his kids name and opens a bank accounts on kids name , can these be attached by the court
Hi, Normally in criminal cases court will not going to attach the property of the accused court may impose fine.
In criminal cases property bank deposits etc will not be attached only in civil cases the property bank deposit etc will be attached.
what is nature of criminal case filed against your friend?
how was property transferred in name of minor son ? please clarify
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
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.
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.
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.
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.