Legal Question in Real Estate Law in India

Is there a remedy?

I have purchased a property for the benefit/use of my entire family,but, in the name of my son . Will this b treated as joint family property or an exclusive property of my son after my death. Can a make a Will of the same 4 division equally among the members of the family notwithstanding the fact that although I PAID THE MONEY 4 ACQUISITION THE PROPERTY DOES NOT STAND IN MY NAME.If under the present setup in the family I raise any issue about the ownership I m afraid that will creat proplems in the family.What 2 do?


Asked on 10/23/08, 1:04 pm

4 Answers from Attorneys
Nasir Butt Nasir Law Associates

Re: Is there a remedy?

Nothing to do! Such type of transaction is called "Benami" or in English �Fictitious Name� which is now has been prohibited in India in the year 1988. Neither you may make Family Settlement nor you may make any Will on the property not in your name. Just promote loving emotions among all family members to live together with love and affection.

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Answered on 11/04/08, 7:46 am
Nasir Butt Nasir Law Associates

Re: Is there a remedy?

Nothing to do! Such type of transaction is called "Benami" or in English �Fictitious Name� which is now has been prohibited in India in the year 1988. Neither you may make Family Settlement nor you may make any Will on the property not in your name. Just promote loving emotions among all family members to live together with love and affection.

Following is the law restraining Benami Trnasactions:---

http://nnbutt2000.0catch.com/laws/benami.htm

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Answered on 11/04/08, 7:51 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Is there a remedy?

Will of HUF property can not be made by Karta of HUF.

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Answered on 10/24/08, 1:33 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Is there a remedy?

If you would like to avoid a dispute after your death, it is better you transfer the property, by way of a family settlement, in the name of all family members during your life time.

You may also make a will expressing your desire as mentioned in your statement.

You may also file a civil suit seeking declaration of your ownership though the property was purchased by you in the name of your son.

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Answered on 10/23/08, 4:56 pm


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