Legal Question in Real Estate Law in India

A sale agreement was made between X and Y parties to the effect that Y would buy a flat allotted to X once X takes possession of the flat. X did not have adequate money so Y proposed to pay. Y paid the money directly to DDA under bank challan. Even the Stamp duty was paid by Y. When the possession was taken by X after several years, Y claimed the property. Q.1 Since money is paid by Y to DDA (third party) is it coming within the purview of "Benami"? Q.2 The possession was in X and his wife's names as per new rule. Since the Sale Agreement was between X & Y only, is it still valid or this is void? Q3. If X does not part with the property to Y, does X face penalty? If so, how the amount of penalty is calculated?


Asked on 8/09/12, 3:14 am

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

1. May be.

2. May not be valid against wife.

3. May be.

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Answered on 9/02/12, 9:53 pm


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