Legal Question in Real Estate Law in India
if a person buys a house with his money but in his brothers name,will the wife of the former have right on that house?will the former have any say or the whole right goest to that brother cum owner?
1 Answer from Attorneys
You need to understand the basics:
a) A person is entitled to 'gift' his money to his relatives.
b) If A gift his money to B for buying a house, A's other relatives, including his wife and children, will have no claim over house purchased by B from money he received from A.
c) We have a law to prohibit "Benami" transactions in India. Thus, because of this law, A cannot purchase property in B's name; the difference between "real" owner and "ostensible" owner is gone; The person in whose name the property stands is the real owner.
For further questions, if any, you may write me e-mail by providing specifics.
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