Legal Question in Real Estate Law in India

My father purchased house with his own money but Benami in the name of my elder brother when I was minor in 1980. Father has since expired.

I am made to understand that it has been interpreted judically that "Interests of Strangers to Benami Transactions are not affected by the Benami Act 1988".

Since I am a stranger to the said Benami transaction can I take advantage of the said interpretation & challenge the alleged claim of exclusive ownership of my elder brother?


Asked on 8/10/12, 10:13 am

2 Answers from Attorneys
M.P. SANJAY M.P. SANJAY M/s. Sanjay

Yes you can challenge it. But you have to prove that you father has purchased the benami property by his own money.

M.P. SANJAY

Advocatge

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Answered on 8/10/12, 6:29 pm
Shrichand Nahar S.V.Nahar, Advocate

May be.

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Answered on 9/03/12, 10:43 pm


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