Legal Question in Real Estate Law in India

I filed suit 4 possession on the basis of regd. sale-deed in my name against my brother.W.S.alleged that I am not the owner but a benami-owner for my father as I was a student dependent upon the father at the relevant time.

I took the objection that the W.S. is hit by the Benami Act of 1988.The trial court held" as the suit is for possession & admittedly Plaintiff is out of possession.There is nothing in the act of 1988 which says that if the possession is with the real owner/LRs the the same (possession) be snatched from the real owner/LRs and then the possession be given to the Benamidar." ( Emphasis applied.)

I want to go into appeal against the said order.What r my chances of success?


Asked on 7/30/13, 11:17 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

31.07.2013

Dear Sir / Madam,

If the opponents have claimed that you are the benamidar of the property, you should prove them wrong by establishing your credentials in the Court. Making your father the witness in the case is recommended.

Regards,

Read more
Answered on 7/31/13, 7:15 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India