Legal Question in Real Estate Law in India
My deceased father purchased property by paying the consideration money from his own bank account & this fact can be proved by his bank statements.However, the said property was purchased benami in the name of my elder in 1970 who was a student at that time & was 19 years old with no income whatsoever. This fact can also be proved from his college record. The property remained throughout in the possession of the parents.Now, that the parents are dead & the property is in my exlusive possession & my elder brother (the regd. owner) is out of possession.
Is there any way to avoid the provisions of BENAMI ACT 1988 & claim my share as the LR of my father who is the actual owner of the property having paid the consideration money from his pocket.
3 Answers from Attorneys
Yes. You ask for Partition of the property stating that it is your father's property and you have a right and share in the same. If your brother agrees then ok, otherwise you file a Partition suit.
It cannot be termed as Benami transaction. The property is purchased in the name of son itself.
You can maintain your claim of share upon the same having succeeded to your father's estate.
How many time same and same query will be posted by you?
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