Legal Question in Real Estate Law in India
1989 AIR Kerala 314, & (1993 ) D.L.T 52 it is held that SEC. 4 of the benami act 1988 will not apply if the possession of the suit property is not with the BENAMIDAR.In this context the setting & meaning of the world "held Benami" used in sec 4 of the benami act 1988 has to be understood as "to be in possession or occupation ".If the possession is not benami then tha provisions of the act will not apply.
The property since its purchased 1n 1980 is in my possession (father--I have paid the sales consideration from my money from my bank account) & my son (benamidar) the regd. owner is not in possession.
(A) Is this will be a valid defence for me against my son?
(B)Any other suggested defence that I could take?
1 Answer from Attorneys
A defence is to be decided as per the facts, circumstances, pleading and documents.
It may be suicidal to decide a defence in isolation based on some words here and there in a case law.
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