Legal Question in Real Estate Law in India

Sir i am the owner of a plot which i purchased from a pvt. Co. Purchase considerat was given by my father and my chachu directly to co. By cheque, Now this plot is registered on my name. i want to know is Can my chachu can challenge to me for the amount of cheque he give to company


Asked on 12/23/14, 12:31 pm

1 Answer from Attorneys

Vishwa Arya Arya & Co.

Your question is not clear. For all purposes you, being the recorded owner, will be the absolute owner. Under Section 4 of the Prohibition of Benami Transactions Act 1985, one is estopped from making claim over benami transactions. Benami Transaction is like your father & uncle making payment for purchase in other (your) name rather than themselves. Only exception to the rule is if payment was for Hindu Undivided Family HUF

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Answered on 12/23/14, 12:51 pm


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