Legal Question in Real Estate Law in India

I was only 10 years old then , when the house was purchased by my father from his own money but in name Benami of my elder brother 1n 1972 & he was 19 years of age in 1972.The entire consideration was paid by father as is obvious from his bank statement.Father remained in possession & is now deceased.The house is in my possession.My said Benami brother is not in possession.
(1)Although I was not a party to the said transaction yet my brother claims that he is the sole owner in view of Benami Act 1988.
(2)Whether legally I am a third party to the transaction & not effected by the Benami Act 1988.
(3)Whether by claiming myself as a co-owner being LR of my father( who is the real owner) I can avoid the rigour of the Benami act 1988.
What is the correct legal position? Give a detailed reply.

Asked on 10/08/12, 11:54 pm

3 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

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The correct legal position is a heart rendring situation and position for you , which means that your brother is the absolute owner of the house and you have no right or share in it. Please check Sanjay Kalra and Associates on the internet to know more about our law firm and services we render for our clients from all over the World.

Answered on 10/09/12, 12:26 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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In order to have a detailed reply, you need to retain a lawyer and send him all the documents pertaining to the transactions. You may visit my website www.karvai.in to read more on property laws.

Answered on 10/09/12, 12:55 am

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