Legal Question in Real Estate Law in India

We are hindus. All the brothers & sisters (all then unmarried.) were living with the parents when my father in 1980 purchased property from his own funds but in the name of his eldest son who was also at that time student & dependent upon father.Father has since expired.The property is in possession of another son but not in possession of the eldest son who is the regd. owner.The son in possession claims the property as the property of the undivided hindu property as the same was purchased by the funds of the father of the the family.IS this correct if not why not? Give a detailed reply.

Asked on 3/08/12, 12:13 am

2 Answers from Attorneys

Stalin Selvamani S & P Law Associates

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Look benami transaction are abolished so you can claim as if your property and then can utilise as it is your own property. It cannot be claimed as HUF because you have to establish a HUF as an entity and if so the property should be bought in a HUF entity so HUF cannot be claimed. But any how the brothers and sisters can claim it as a Joint Family Property but you need to deny the same with sufficient records.

Hence the claim of Hindu Undivided property is not correct unless there is sufficient records in contrary.

Answered on 3/08/12, 1:34 am

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