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TMI Blog2018 (5) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... ent as well as the adjudicating authority while passing the orders. No reason to believe in this regard has been given. It is settled law that if something wrong is done by the father or in relation, his son cannot be punished, Therefore, the attachment order against the appellant in relation to the 1st floor of the house property bearing municipal no. 15-1-469 situated at Feel Khana, Hyderabad is not sustainable on facts and law. Under these circumstances, the impugned order dated 26.12.2016 with regard to the attachment of the appellant property is set aside by allowing the appeal. The appeal is accordingly allowed. - MP-PMLA-3184/HYD/2017 (Stay) MP-PMLA-3185/HYD/2017 (A.D.) & FPA-PMLA-1662/HYD/2017 - - - Dated:- 9-5-2018 - Justice Man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earing municipal No. 15-1-469, admeasuring 261.59 square yards, situated at Feel Khana, Hyderabad. 1986 : Smt. Leela Bai died. 05.07.1995: Sri Motilal, husband of Smt. Leela Bai died. 15.12.2008: Paternal grandfather of appellant Sri Shankarlal, son of Sri Motilal and Smt. Leela Bai, gifted ground floor of the house property bearing municipal No. 15-1-469, situated at Feel Khana, Hyderabad to his daughter Smt. Kusumlata vide document No. 2934/08. 15.12.2008: Paternal grandfather of appellant Sri Shankarlal, son of Sri Motilal and Smt. Leela Bai, gifted first floor of the house property bearing municipal No. 15-1-469, situated at Feel Khana, Hyderabad to the appellant vide registered document No. 2935/08. 15.12.2008: Paternal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order for provisional attachment. 26.12.2016: Order in O.C. No. 622/2016 by the Hon ble Adjudicating Authority under said Act, 2002 4. The learned counsel for the appellant has produced the original birth certificate which would show that the appellant was about 10 years on 9th March, 2004. When the provisional attachment order was passed. On 26th December, 2016, his age was 12 years 9 months and 17 days. The provisional attachment order of the above said matter was passed on 4th July, 2016. At that time his age was 12 years and 4 months. We have heard both the counsels for the parties. It is settled law that minor is always considered to be under the protection of the court. Any decree obtained against the minor by not following the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The said property was gifted by the grandfather in favour of the appellant vide Registered Gift Deed dated 15.12.2008, which was originally purchased by the great grandmother of the appellant in the year 1968. The property was acquired by the appellant of one floor i.e. 1st floor, bearing municipal no. 15-1-469 situated at Feel Khana, Hyderabad. Therefore, at the time of purchasing the property by the appellant, the question of money involved does not arise. This aspect has not been considered by the respondent as well as the adjudicating authority while passing the orders. No reason to believe in this regard has been given. It is settled law that if something wrong is done by the father or in relation, his son cannot be punished, Therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X
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