Legal Question in Real Estate Law in India
What if the father had invested his self earned money (sometime in late 1960s) in property, but the same was taken in the name of the mother and elder brother.(Neither of them had any personal income as such,mother-housewife, elder brother-studying in college). The Benami Transaction Act would not apply. So the other remaining siblings would definitely have a share in the property [property being immovable property (land)]? What recourse do the remaining siblings have considering the father,mother and elder brother are no longer there and the children of the elder brother are disposing of the property? An early reply would be highly appreciated.
1 Answer from Attorneys
In view of the non applicability of Benami Transaction Prohibition Act ,1986 ,the children of your brother should have no independent right on there own except one share of there father along with you and your other siblings but steps will have to be taken immidiately in Court for a preventive action against the children of your elder brother who are disposing of the property.
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