Legal Question in Real Estate Law in India

The house was purchased by my father Benami in the name of his elder son by regd. deed.I am the younger son and was minor at the time of the transaction.Father has since expired.I was NOT a party to the said Benami deal and thus had no privity /connection with the transaction.
(A)Can I file a suit for partition of the house as co-owner being LR of father (real owner).
(B) Whether the suit will be hit by Benami Act 1988 notwithstanding the fact that I was a third party to the transaction with no privity?
PLEASE ANSWER BOTH QUESTIONS SEPARATELY.

Asked on 9/28/12, 4:36 am

2 Answers from Attorneys

Sunil Goel S.G. SOLICITORS

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A. You can certainly file partition suit for staking a claim in the properties which you can show have been acquired from the funds of the joint family or the funds of your father.

B. I feel that the suit will not be hit by Benami Act. But for this, there is heavy onus upon you to show that at the time when said property was purchased in name of your brother, he had no independent source of income and money for purchase thereof was provided by the father.

Answered on 10/08/12, 12:09 am

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