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?


Asked on 10/27/11, 4:35 pm

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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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Answered on 10/27/11, 9:46 pm


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