Legal Question in Real Estate Law in India

What is the reply.

A plot was purchased & a residential house was built on it by my father from his Own Funds But in My name Benami . I m not living in the house although the same stands in my name in all govt. records.The house is in possession of my brother who claim it to be a perantal property.I want to reclaim possession.I have been advised that in order to succeed in this I will have to sue my brother. But before that I Must first Enter the house other wise the property Will be declared Perental . The PROVISIONS OF THE PROHIBITION OF BENAMI TRANSATION ACT 1989 WILL NOT HELP ME AS I AM OUT OF THE HOUSE. HOWEVER THEY WILL HELP ME IF I ENTER THE HOUSE SOMEHOW & then claim ownership on the basis of regd. deed in my favour Notwithstanding the plea that the house was acquired by perental money. What is the correct advise?


Asked on 4/16/09, 12:30 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: What is the reply.

You need to decide the nature of suit first. If your ownership can not be disputed in view of Benami Act, then possession would follow the ownership. First check, whether your claim of ownership is absolute and indisputable.

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Answered on 4/16/09, 12:56 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: What is the reply.

Hello.

Good Afternoon!

I would advise you to change your intentions regarding this property which actually does not belong to you.

In case of need please contact personally alongwith the details.

OR

For further query please mail.

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Answered on 4/17/09, 6:23 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: What is the reply.

The correct advice is that you should keep an evil eye on a property which does not belong to you. If your father is alive, you may no claim over this property. If your father is no more, you may only be a co-sharer with other legal heirs.

The law may help only for enforcement of your rights not for depriving other persons of their legal rights.

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Answered on 4/16/09, 3:57 am


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