Legal Question in Real Estate Law in India
A house was purchased in my name from the money of my father(since deceased).At that time I was not having any income whatsoever.The possession remained in the hands of my father & then with mother & other siblings.I am told that since the possession is not with me therefore Benami Act 1988 will NOT help me as per law( as enunciated in A.I.R.1989 Kerala 317) this is not the case of an actual Benami transaction but is a case of a "sham transaction" .
(1) Is it correct?
(2)What is the remedy available for me?
(3)What is meant by a "Benami transaction" & a" Sham transaction"?
(4)Should I ONLY file a suit for partition & NOT a suit for possession?
2 Answers from Attorneys
as the house stands in your name, you may file a suit for possession. visit www.karvai.in for further guidance in property laws.
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