Accountant in Bankruptcy v Mahmood

Bankruptcy – Sequestration – Disposition of commercial property – Gratuitous alienation. Court of Session: In an action in which the trustee on a debtor's sequestrated estates sought reduction of a disposition conveying the debtor's interest as proprietor of commercial subjects to his son, the defender, on the ground that it was a gratuitous alienation in favour of an associate effected less than 5 years before the date of sequestration, the court held that the defender had failed to discharge the onus of proving that monthly payments of his salary into the debtor's account were made in return for a subsequent transfer of the subjects into his name, and it granted decree of reduction.

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