Regarding attachment of property in customs case. Can father be jailed

My father was involved in a customs case in 2012. The property we live in is in my grand- moms name but was in my father's name when it was bought and transferred in 1998. My dad was imposed with sections 112,112a,114aa,117 of the customs act. My grand- mom is alive. Can the customs attach the above property is there even a slightest chance ? A penalty of 60 lacs was imposed and an appeal has been filed in the tribunal . Can the govt charge interest on the penalty before the judgement of the appeal? Can my dad be imprisoned for this?

Answers (1)

230 votes

If the property was transferred by Gift deed in the year 1988, then the property cannot be attached .However there certain facts which needs to be considered but  for that we will have to examine your facts.

Your query is silent on certain facts:

1. Present ownership of property?

2. Is your grandmother alive? Has she made her WILL?

Please provide complete facts, so that we can address your query

Furthermore, yes if your father is unable to pay then Hon'ble Court can pass an arrest warrant against your father

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Customs & Central Excise Lawyers

Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
27 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
36 years Experience
Advocate Ravi Jadhav
Koregaon Park, Pune
13 years Experience
Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Customs & Central Excise Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles