Legal Question in Real Estate Law in India
It has been judically recognised that in case of a benami transaction if the possession of the suit property is with the real owner & that too for any express or implied intentions of the parties then the provisions of the prohibition of benami transaction act 1988 will not apply & the real owner is not barred to raise the defence of benami. air 1989 kerala, 52(1993 dlt 556).
my query is:-
what will happen if the real owner (father) is in possession & the benamidar (son) is also living in the suit property along with the father?
Asked on 4/20/12, 2:44 am
2 Answers from Attorneys
ranganathan raghavachari
R.Ranganathan & Associates
You cannot differentiate between the two. The benamidar is said to be in possession. Unless you can prove with substantial evidence that the son is a benamidar he is the actual owner in the eyes of law.
Answered on 4/24/12, 2:10 pm
Related Questions & Answers
-
When will cidco give the possession in taloja navi mumbai to flat purchaser Asked 4/18/12, 1:09 am in India Real Estate and Real Property
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
