Legal Question in Family Law in India
Transfer of benemi property
I am a native of Kerala State and we are four brothers. My father died without leaving a will. At the time of his death he was holding 5 acres of agricultural land. Out of this 10 acres 1 acres he purchased on benami in the year 1972. Now, I want to know how is the benami property is devided between us four brothers? Can we register the same in our name? Is there any legal hurdles for registering the same in our name? There is no dispute between us four brothers in respect of division. Kindly answer.
1 Answer from Attorneys
Re: Transfer of benemi property
In response to your question. First the person who is holding the land has to agree that he will transfer the land in your names.
If he agrees to transfer the land in your name then there is no problem.
Each one can take 25% share or according to your mutual decisions, besides if the benami can directly transfer to your name if he agrees either by way of Release deed or Gift deed if not show it as a Sale deed purchased from the benami. The Benami act is passed and in the act it says that whoever is holding the land need not transfer and they can hold it for themselves that is what the act says.
The legal hurdle is that better to show it as if it is sold to you and you have purchased the same for little consideration ask the Chartered Accountant for tax problems. If there is any problem transfer it by way of Gift Deed.
B.Balasubramanya.
Advocate.
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