Legal Question in Real Estate Law in India

The suit property stands Benami (Regd.) in the name of my son.I am his mother. The entire money was paid by late husband but in the name(Benami) of my said son who was then only 19 years old in 1980 with no income of his own. The money was paid from the bank account of my husband which I can very well prove.I am in possession of the house along with my younger daughter & my benami - son is not in possession. I am quite old now without any income.The house was purchased Benami by my husband in the name of our son because at that time my husband was having another old house in his own name as owner & Delhi Development Authority (Govt.) was not allowing individuals to have more than one house. That old house was sold by my husband himself during his lifetime. My Benami-son now wants to expliot the provisions of Benami Act 1988 in his favour.

Is it correct that since I & my daughter have no PRIVITY with the benami transaction under reference therefore the provisions of Benami Act 1988 cannot effect our rights in the house as co-owners being LRs of the real owner (my husband) ?

KINDLY GIVE A DETAILED REPLY WITH APPROPRIATE CITATION & JUDGEMENTS.


Asked on 10/02/12, 6:41 pm

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

your query requires detailed legal research and it is advisable to retain a lawyer for this purpose. you may read more on property laws on my website www.karvai.in.

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Answered on 10/02/12, 9:12 pm
Shrichand Nahar S.V.Nahar, Advocate

May be.

For proper and better advice, consult your lawyer with all details and documents.

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Answered on 10/02/12, 10:45 pm
Sanjay Kalra Sanjay Kalra & Associates

You and your daughter have no right or share in your sons property, as the law stands today. Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the kind of legal services we are rendering for our clients from all over the World.

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Answered on 10/02/12, 11:04 pm


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