Legal Question in Real Estate Law in India

Sec. 4 of benami act 1988 & non-applicability thereof.

(!)Benamidar is the son of my deceased father. he is my brother. He is NOT in possession of the property.Property is in the possession of other legal heirs on the date of the suit. Whether he can file a suit for possession & turn us out of the house?(2) IF the act is NOT applicable as the sale deed is of the year 1970 which is earlier than the year on whjch the act of 1988 came into force.


Asked on 9/06/07, 12:02 pm

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Sec. 4 of benami act 1988 & non-applicability thereof.

yes he can file a suit

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Answered on 9/06/07, 2:55 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Sec. 4 of benami act 1988 & non-applicability thereof.

Please consult a lawyer with all details.

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Answered on 9/07/07, 3:30 am
Alok Sharma Alok Sharma & Associates

Re: Sec. 4 of benami act 1988 & non-applicability thereof.

yes he can file a suit for possession and can turn you out irrespective of the fact that sale deed is of 1970.

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Answered on 9/06/07, 12:41 pm

Re: Sec. 4 of benami act 1988 & non-applicability thereof.

Yes,he can file the suit for possession.It is an example of Fiduciary relation between your father and your brother.Evenotherwise in the year of 1970 the 'Act' was not in existence so the applicability of the same does not arise.

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Answered on 9/06/07, 12:53 pm


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