Legal Question in Civil Litigation in India

My late father was a member of a group housing society. He later on transfer the membership to my younger brother and continued to pay monthly instalments or the payment as and when asked by the society. It may be pertinent to mention here that my brother did not make any payment from his side. I also paid some of the instalments from my own sources. After demise of my father the flat alloted by the society sold out by my brother without taking us in confidence. We r three brothers and fours sisters. Wht is the status of ours in that property. Have we any right on that property sold out by the brother. We were not paid any amount out of the sale of that house. Can we claim our right by way of litigation?


Asked on 10/21/10, 11:25 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

if you could prove that the property was a part of joint family property then and then alone you may claim 1/7 share in the property. Otherwise, because the member ship was transferred in favour of brother, it was he who would be considered the owner irrespective of the fact who paid the amount, as provided under Benami Transaction Act.

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Answered on 10/24/10, 9:08 am


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