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Benami property (Civil Law)

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This query is : Resolved


Author : mukesh jain
PRO CHAT CALL

Posted On 30 June 2012 at 18:11

my father purchased a property and registered in our mothers name. payment was made through my fathers a/c cheque in 1967.it is mentioned in the registry of the land.our father died without will, the same property is still in the name of our fathers name in revenu record and nagar nigam. can i or my childrens,can claim our partition. i am residing in the same house with my family and three brothers.or what is my legal status.




Expert : Shailesh Kr. Shah
PRO CHAT CALL

Posted On 30 June 2012 at 19:59

your query is conflicting !

First, you have mentioned that property purchased in the name of mother.

Second, you have also mentioned that property is in the name of your father in revenue records.

It seems that some facts are missing.



Expert : niranjan
PRO CHAT CALL

Posted On 30 June 2012 at 22:09

If your mother is alive you cannot seek any partition.



Expert : Thangapandian
PRO CHAT CALL

Posted On 01 July 2012 at 15:29

yes.. just clear your query..

-y.not legal services-



Expert : K.K.Ganguly
PRO CHAT CALL

Posted On 01 July 2012 at 20:45

If your mother is alive & she wants to transfer the property to any of your brothers then you can file a partition suit claiming that the property is of father & is a benami Property. It would not have been possible had the property been purchased after 1988. However, if she is no more then also you can ask for partition.


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