Legal Question in Real Estate Law in India

After a whole lot of deliberations my elder brother(Benami for my deceased father) has aggred to settle the dispute without going to the court if I could make him to understand that the Benami Act will not help him since he is not in possession of the benami property.I want to know the citation/judgement in which it is held that the provisions of Benami Act ,1988 will not apply if the benamidar is not in possession & infact ,if the possession is with the real owner/LR's.

Kindly let me know some of the judgements/citations highlighting the said subject.


Asked on 5/05/12, 2:02 am

2 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may have to retain a lawyer for legal research on the above law point.

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Answered on 5/05/12, 9:42 am
Shrichand Nahar S.V.Nahar, Advocate

Use research tools or check law journals.

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Answered on 7/15/12, 10:49 pm


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