Legal Question in Civil Rights Law in India
benami law
i have purchased the property out of my own funds and obtained sale deeds inthe name of my mother who was in abroad then as my husband is a vagabond.can i seek declaration of title in the court of law?
4 Answers from Attorneys
Re: benami law
you will have to get the property transfered from your mother by way of a document
Re: benami law
yes, you can seek a declaration that you are the real owner.
Re: benami law
Your transaction terms as benami transaction which is prohibited at law under section law as follows:---
4. Prohibition of the right to recover property held benami. � (1) No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property.
The Benami Transactions (Prohibition) Act, 1988
Now you cannot recover the same which you have purchased in the name of other person even paid by you.
Re: benami law
yes, u can seek the declaration of the title on the basis of the consideration amount paid by you. you need to prove that the property was purchased out of your funds and need to be ready with bank entries etc.
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