Legal Question in Real Estate Law in India
The regd. deed is in the name of my brother.The entire money was however, paid by my father from his bank account in 1970 but in the name of my said brother. I was only 11 years then.Father & myself remained in possession throughout & now the father has died.The house is in my possession & my Benami-brother is out of possession.So far till recently there was no dispute & the house was always being treated as the property of father. I claim co-ownership as LR of my deceased father. Since I was not a party to the benami transaction can my brother sue me for possession under the garb of benami act 1988 notwithstanding the fact that I am a THIRD party to the transaction?.
2 Answers from Attorneys
your brother has title deeds in his name and you have the possession. better sort it out amicably by dividing the property. you may visit www.karvai.in for further guidance.
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