Legal Question in Real Estate Law in India

My father owned a house of his own. In Delhi it is not permitted by DDA to have more than one property in one's own name. Because of this restriction In 1975 my father got applied a plot but in the name of his eldest daughter. The allotment was made.He paid the entire money from his bank account.As his daughter was to be married he got the property transferred from her name to the name of his dependent-student son. The application for transfer was made simultaneously with the payment of money to DDA & the conveyance deed was thus made in the name of my said brother.The property , however, remained in the possession of my father & all children naturally lived with him .Father is no more & the regd. owner is now OUT of possession. Now the said brother claims himself as the exclusive owner on the basis of the regd. deed & the intricasies of Benami Act 1988.Whereas the other siblings claim the said property as the property of the father.I understand from this lawguru.com site that my said brother cannot claim the benefit of benami act for exclusive ownership in view of AIR 1989 Kerala 317 & 52 (1993)DLT 556,as he is not in possession & the Act nowhere say that if the possession is with the real owner/LRs then the possession be snached from them & be given to the Benamidar who is out of possession.
Is that correct? Please advise.

Asked on 4/24/12, 2:28 am

3 Answers from Attorneys

ranganathan raghavachari R.Ranganathan & Associates

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Kindly state that what was the consideration paid at the time of transfer of property from the name of your sister in the name of your brother. The information will be useful to give a proper reply to you. But even if the brother is not in possession, he can ask for possession of the property through the court if the title deed is in his name.

Answered on 4/24/12, 1:59 pm

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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has your brother filed any case claiming the possession or declaration that the property belongs to him. you have an option to claim partition of the property.

Answered on 4/25/12, 4:30 am

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