Legal Question in Real Estate Law in India
Prohibition of Benami Transaction act 1988
My father purchased plot in the name of my sister but got it transfered in the name of my brother who was a student at that time. the entire money was spent by my on plot & construction. father with his family started living there from day one till toay. father & mother now expired, brother who in not in possession of house filed suit to recover property.Is it correct that though being a benamidar he cannot recover the property,as Sec. 4 of the act will not apply because throughout the real owner (father)& now his heirs are in possession of the house?
4 Answers from Attorneys
Re: Prohibition of Benami Transaction act 1988
After the passing of Prohibition of Benami Transaction act 1988, the law does not recognise a person claiming benamidari rights in any property. The possession of any one will not make any difference. He may claim u were his licensee.
Re: Prohibition of Benami Transaction act 1988
details are missing.So contact with details.
Re: Prohibition of Benami Transaction act 1988
Your brother will be heir of your father. Before exploring Benami aspect, check amended provisions entailing property being vested in Govt.
Re: Prohibition of Benami Transaction act 1988
in this case the law via this act does not recognise a person who claims.
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