Legal Question in Real Estate Law in India

Will i have a case?
My lawyer has advised me that i shall not win the case if i institute a case for possession of the a house of which i m a benami holder as the house stands in my name on documents. . The facts r that my father purchased the property in my name (benami) by spending his (father) money when i was a student having no income. I m further told that since i m already out of the house (i m not living there) sec. 4 of the benami act 1988 will not help me as the real owner (father is in actual possession of the houe since its construction 25 years back. Do i have a remedy to get the possession under the law.?

Asked on 1/27/08, 8:07 am

3 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: Will i have a case?

You are advice wrongly i must say.. Please contact personally alongwith the details.

Professional charges are applicable.

Answered on 1/28/08, 6:09 am

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Re: Will i have a case?

The proposition given by your lawyer is wrong.Since property stands in your name so you are owner and as you are out of possession,hence,you are entitled to seek possession of the property.However all relevant papers etc.are required to be examined to give appropriate advise on the subject matter.In case of need contact with details,professional charges are applicable.

Answered on 1/27/08, 10:23 am

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