Legal Question in Real Estate Law in India
The property was purchased by father by his own money but in the name of the son (myself) in1980.Father took the possession.He has since demised.The property is now in possession of another son.My council advised me that the property CANNOT be called a benami property as father took himself the possession on complition of the house in 1985 .If I file a suit for possession Sec.4 of the Prohibition of Benami Transation act 1988 cannot help me( the benamidar son) simply for being out of the house vide AIR 1989 KERALA 317. If it is a correct advise then what is my status with respect to the ownership of the property?am I the owner or a co-owner?Give a detailed reply.
1 Answer from Attorneys
Posibilities are there for you to evacuate your brother from his possession as the plot originally purchased by your father with his own income and thus it would become a gift given to you by your father and a kinda benami property as there must have been both your father's and your offer and acceptance respectively.You are the owner ofcourse but have not provided any details of the construction made(1985) in the plot which is in your name,like with whose income it was constructed etc.So follow your counsel.
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