Legal Question in Real Estate Law in India

(1)"There is nothing in the Benami Act 1988 which says that if the possession of the suit property is with the real owner (i.e. Benamidar is not in possession) for any express or implied intention of the parties then the possession be snatched from the real owner & the same be given to the Benamidar".It means that if the real owner is himself in possession of the property then Benamidar cannot sue the real owner for possession.
Is this correct?

(2)I am the regd. owner but a benamidar as I had not paid the consideration from my pocket.LR's of real owner are in possession.I am also a LR but not in possession.
Can I sue the LR's in possession ?

Asked on 11/05/12, 10:05 pm

2 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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The property is in your name then you can sue any one who is in possession. The source of funds are not important to buy the property. Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Answered on 11/05/12, 11:29 pm

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