Legal Question in Real Estate Law in India

I have purchased property by making payment through my bank account in 1980 ,but benami in the name of my then dependent student son. I am in possession & my said son is out of possession .

Vide 52 (1993) Delhi Law Times 556 & AIR 1989 Kerala 1989 it is held that if the possession of the property is in the hands of the real owner & that too for any express or implied intentions of the parties & benamidar is not & in possession of the property then the provisions of the Prohibition Of Benami Transaction Act 1988 will not apply & the defense of the real owner that the regd. owner is a benamidar & name lender & the real owner is one who had paid the sales-consideration is not hit by the provisions of the said Benami Act 1988.

Can I get a declaration that I am the real owner & my son is a benamidar?.


Asked on 3/21/12, 8:52 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

May be.

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Answered on 4/02/12, 10:09 pm


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