Legal Question in Real Estate Law in India

Re: what is the position about ownership?

Sir:

in view of Section 4 of Prohibition of Benami Transaction Act prevailing in India, you have, in fact, no defence unless you claim to be a joint hindu family. If you have evidence to claim joint hindu family then that evidence might save you otherwise section 4 of the act prohibits to raise the defense that you spent the whole of money. The recorded owner is the true owner. another thing which comes in my mind but needs to be explored based on the facts, that, you may claim to be licencee who has developed the land by doing the construction of the house, and therefor son is not entitled to possession - in view of easement act. You need to take an expert advice. Your facts are incomplete.

Vishwa Arya

Re: what is the position about ownership?

Defence would depend on two broad aspects - Actual Facts in the light of prevailing laws and Pleadings of the Plaintiff.

For this purpose, you need to consult your lawyer with all the details.

Re: what is the position about ownership?

The properties within family members are possibly protected from the Benami Prohibition Act. If you had already made a declaration before income tax authorities about your investment in the house, then your son cannot claim its title / possession.

In any case, before civil court, your son will need to prove his title to recover possession by leading evidence about the investments made for creating this property.