quesRegarding customs penalty and attachment of properties

My father was involved in a customs case wherein a penalty of 60 lakh was imposed . Sections 112 and 114 of the customs act were imposed. The customs case happened in 2012 . The property we live in was bought by my grand-father in my father's name in 1988 and was later transferred in my grand-mothers name in 1998 before any of the customs issues began.Now my question is can the govt attach the above property to recover the penalty imposed? The fact that my grand- father purchased the property in my father's name will this transaction be considered as benami or void? Any suggestions

  • ans

    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.

  • ansNo the transaction will not be considered benami or void since the same took place in 1988. It is a valid transaction.
    As per the property is concerned it is registered in your grandmother's name as of now since 1998 and the same shall be taken will properly done with legal paper work to back it.
    Now lastly, considering you father's custom case 2012, since a penalty of 60lakhs is imposed and if the court grants the same to be paid without relief then your father will have to pay that amount. if the assets attachment or mortgage takes place then the share of your father in the property as per the law will be taken not the complete property. The division of the same can be see from the act or law of your religion that is hindu law act (property division) for an hindu etc.

    Advocate Shalini Kapila

      Dubai Creek Tower, Dubai

  • 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 LawRato.com and has been responded by one of the Customs & Central Excise Lawyers at LawRato.com 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 LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • IPC Section 114 - Abettor present when offence is committed
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