Legal Question in Real Estate Law in India

Time & again it has been answered that hindu Parents living with there dependent children constitute a hindu undivided family.Keeping this in view kindly give advice to my problem.
In 1980 my father purchased a house from his own earning ,by paying through his bank account, a house but in the name of my elder brother who was then a student & dependent upon father.Needless to mention that father was the only earning member & all the sons & daughters were students dependent upon father at the relevant time.Father is since no more alive. My said elder brother is not in possession of the said property. I am in exclusive possession.My elder brother wants to throw me out by claiming himself to be the regd.owner notwithstanding the fact that the sale -consideration belongs to by our father. My brother is caliming himself as a benamidar & I m told that benami act 1988 will help him.
(1)My question is that can this property be treated as a joint family property of the hindu undivided family in view of the aforesaid defination of Huf & I can take advantage of section 4(3) (a) of Benami act 1988 which states that the act will not apply when the person in whose name the property is held is a coparcener in aHindu undivided family & the property is held for the benefit of the coparceners in the family?
(2) If not why ( again keeping in mind that the parents & children were coparceners of the Huf at the relevant time vide the defination of Huf)?
Please give complete adcise.

Asked on 3/12/12, 7:54 pm

Shrichand Nahar S.V.Nahar, Advocate

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Existence of a Hindu Undivided Family is not sine qua non for existence of HUF and/or coparcenary property

Answered on 4/06/12, 11:43 pm

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