Legal Question in Real Estate Law in India

Benami act 1988

fATHER PURCHASED plot in the name of son(benami) .Fathger took possession with his family in 1971. now father is dead. Benamidar(son) is NOT in possession on the date of suit. possession is with the other heirs of father.Banamidar has filled suit for possession claiming himself as the owner.(1) Whether sec.4 of the act is NOT applicable in view of AIR 1989 KERALA 317(2) iS THE SALE DEED OF 1970 is out of the preview of the act of being of a date earlier than coming into force of the actof 1988 vide para 4 of (1996) 4 SCC 490 & (1995) 2 SCC 630


Asked on 9/06/07, 3:30 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Benami act 1988

Please consult a lawyer with all papers.

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Answered on 9/07/07, 3:46 am

Re: Benami act 1988

Your case is an example of fiduciary relation between father and son.Case reqires extensive study which obviously shall not be free of cost.Details are reqires to be examined along with court papers.In case of need contact with details.professional charges are applicable.

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Answered on 9/06/07, 3:46 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Benami act 1988

good afternoon

your case needs a wealthy research and study. please contact me alongiwith the court papers

professional charges are applicable

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Answered on 9/06/07, 4:34 am


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