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?


Asked on 10/03/08, 1:08 pm

4 Answers from Attorneys

Nandita Haldipur Haldipur Associates

Re: benami law

you will have to get the property transfered from your mother by way of a document

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Answered on 11/22/08, 3:01 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: benami law

yes, you can seek a declaration that you are the real owner.

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Answered on 10/03/08, 1:19 pm
Nasir Butt Nasir Law Associates

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.

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Answered on 11/02/08, 9:35 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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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Answered on 10/04/08, 12:31 am


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