Legal Question in Real Estate Law in India

I am the real owner in possession of the suit property right from day one of the allotment of the property.I invested my money from my bank account in the purchase of the house but in the name of my son(benamidar) who was then admittedly a student dependent on me with no income whatsoever. My son is not in possession. My son wants to grab the property (being regd. owner & a Benamidar) by resorting to Section 4 of the Benami Act 1988.

However, I am made to understand that "there is nothing in the Benami Act, which says that if the possession is with the real owner then the same ( i.e.possession ) be snatched from the real owner and could be given to the Benamidar". and thus section 4 will not apply in my case.

Is the above correct?


Asked on 1/22/14, 2:29 am

1 Answer from Attorneys

I need to know more facts before i can reply to the query.

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Answered on 3/24/14, 10:13 am


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