A is the father of B A is big industrialist who has a very successful business of mining B has never......

A is the father of B. A is big industrialist who has a very successful business of mining. B has never been very bright since childhood and showed no great sign of business acumen. Over a period of time differences grew between A and B which led to B leaving the house of his father and settling independently. B married C which A did not approve of as C belonged to a poor family. Years passed and B was never able to secure financial stability. When his wife fell severely ill, he swallowed his ego and approached A for financial help. A taking pity on his son decided to transfer the ownership of a hotel of his to B. The hotel is gifted to B on the condition that if B is not able to run the hotel properly or encounters insolvency, he will not be entitled to the ownership of hotel anymore and the same will go back to A. B miserably failed in running the hotel and his debts kept on increasing. Within a year, he applied for bankruptcy. Upon this A has approached the court for getting the ownership of the hotel back from B under Section 31 and 32 of the Transfer of Property Act. B’s creditors are objecting to the same as it would impair their remedies to recover their debt. Decide the case.     (15 Marks)

By: santosh