Legal Question in Real Estate Law in India

Plea of Adverse possession & Benami

Can a person who has purchased a property benami in the name of his son in 1972 is correct in raising the plea of benami(which being definitely out of the preview of the benami act of 1988 because being for a period earlier to the coming into force of the act of 1988) along with an alternate plea of Adverse possession for being in possession of the property for more than than the statutory limit?If YES will that NOT amount to taking contradictory pleas? Is that CORRECT UNDER LAW?This is because Benamidar is(son) now planning to sue father (real owner) for possession & Benamidar(son) is NOT in possession. Real owner is in possession of the property from day one of its connstraction.


Asked on 9/07/07, 12:46 am

2 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Plea of Adverse possession & Benami

please contact personally along with the details as your case needs a extensive study.professional charges are applicable

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Answered on 9/07/07, 1:24 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Plea of Adverse possession & Benami

Adverse possession plea is essential in the nature of title hostile to real owner. While plea of benamidar is to the effect that person claiming himself to be owner is not a real owner. Both pleas appear contradictory and mutually exclusive.

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Answered on 9/07/07, 3:16 am


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