Legal Question in Real Estate Law in India
My Benamidar (son) is not in possession of the suit property. The benami transaction dates back to 1970 i.e.before the promulgation of the benami act 1988.The possession of the property is with me(father the real owner).
(1)Can the benamidar file a suit of possession against me?
(2)Is the benami act 1988 is applicable in this case?
Asked on 9/22/12, 6:25 am
2 Answers from Attorneys
Vishwa Arya
Arya & Co.
sir:
Please refer to the proviso to section 4 of the Benami transaction Act
Answered on 9/23/12, 5:37 am
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