Legal Question in Real Estate Law in India
My father expired one year ago. My mother is alive and I have 3 married sisters. There was self acquired land property in my father's name which we divided by registered partition deed. There is also a land property in my mother's name purchased 30 years ago (purchased from father's money although this point is not mentioned in sale deed) and a land property in my name, which was purchased when I was a minor(purchased from father's money although not mentioned in sale deed). My sisters are now claiming that because the properties were puchased from father's money, they are also the legal heirs of that both properties and want to make a partition deed for its division although the land properties stands in my and my mother's name. Can they claim for partition of that properties and can we do partition deed for that?
3 Answers from Attorneys
You have to carefully examine the provisions of section 4 Benami Transactions (Prohibition) Act 1984 and more particularly the Proviso to SEction 4. It provides that the recorded owner is the true owner of the property irrespective of one who pays for the money. However, the proviso says that the section may not come into play if the investment was between husband and wife in a joint hindu family. Keeping this in mind, your sisters cannot claim merely because it was invested by father in your or your mother's name. After you check the proviso viz a viz your complete facts, and the facts fall in to the proviso, then and then alone, your sisters may have a claim.
They may need to file a civil suit and prove their right.
yes, the sisters are well within their rights to claim the share of properties that stand in your mother and your name, purchased with money provided by father.
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