Legal Question in Real Estate Law in India

Sec.4(3) (a) of benami act 1988 states that the provisions of the act will not apply if the person in whose name the property is held is a coparcener in a Hindu undivided family & the property is held for the benefit of the coparceners in the family.My father has purchased plot & constructed the same with his own funds but in the name of my brother who was then 19 years old student dependent upon father.Brother is the regd. owner.father always remained in possession of the property till his death. My said brother is out of possession always. I am in possession .My question is whether the transaction will not attract the provisions of the benami act 1988 in view of sec.4(3)(a)

Asked on 3/02/12, 12:15 am

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yes, it will attracted the provisions of Benami Act.

Answered on 3/02/12, 12:25 am

Shrichand Nahar S.V.Nahar, Advocate

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May be.

Answered on 7/04/12, 12:42 am

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