Legal Question in Real Estate Law in India

The name-lender in the conveyance-deed of the suit property is my brother.The entire amount 4 the acquisition was paid by my father since deceased.My brother then in 1970 was a student only with no means of money whatsoever.This he has even admited in his evidence but again & again stresses that he paid the money without telling the source of his income.He only proved that the conveyance -deed stands in his name by examining himself & a cleks of the sub-registrar where the deed is regd.The issue framed is "Whether plaintiff is owner of the suit property?"OPP. Now I have been advised that since the deed is in his name he has a strong case , unless I prove by way of some" decided -case" on the subject that regd. conveyance-deed is Not a conclusive proof of ownership?. Kindly help by supplying the necessary citation.I m in possession & SUIT IS ENTITLED "Suit 4 possession, permanent injection & mense profit".Also is it correct that that the suit should have been titled as "suit 4 declatation & possession & mense profit"?


Asked on 9/18/09, 12:30 am

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

After Benami Act brought in force, Conveyance deed is regarded as conclusive proof of ownership.

For case laws, you can search net or law journals.

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Answered on 9/18/09, 1:25 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes the suit should have been for declaration. in fact your brother has a strong case as it is you who has to prove that the money was paid by your father and not by him. its a case based on facts and less of law. gather evidence of payment and win the case otherwise there are chances of losing the same.

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Answered on 9/18/09, 1:26 am


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