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House property

(Querist) 17 August 2017 This query is : Resolved 
Father purchase land in 1989 in mother name we are 3 brother . father me &brotherhas contributor to make the 3 story bunglo on that land.during that my youngest brother was study & Haveing no contribution in the same.up to father alive all it's ok .sudden death of my father the sanorio has changed.
My mother is housewife Haveing no income source she is not normal some time she also belongs from village .has brain wash from my youngest brother his wife & relatives.
Now she is giving all the property to only youngest brother who was study have ing no contribution to built this house.
What options for we two brother in this case please suggest.
Rajendra K Goyal (Expert) 17 August 2017
The property is in the name of your mother, she is owner of it.

Owner of the property can sell / gift / mortgage / bequeath a will of the property, no one can object.
Kumar Doab (Expert) 17 August 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab (Expert) 17 August 2017
Hindu woman can dispose her absolute/self acquired property in her life time by a valid/registered deed in anyone's favor........... even a stranger.

Settle the matter with your mother amicably and if required take help of neutral elders of the family..........
Kumar Doab (Expert) 17 August 2017
If she agrees try for settlement deed with life rights for her and after all her children may get equal share..................


May be she feels that all other children except youngest son are well settled....

Usually parent/mother do not discriminate............

Try love, affection, convincing..............
Advocate M.Bhadra (Expert) 17 August 2017
According to sec. 4 of the THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 your mother is absolute owner of the said property, it does not matter who his provided money at the time of purchasing the land and who is erected the building.

Section 4 in THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988
(1) No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property.

(2) No defence based on any right in respect of any property held benami, whether against the person in whose name the property is held or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property..

In view of above circumstances you mother can gift to anybody during her life time. You have no right to claim over the property.
Advocate Suneel Moudgil (Expert) 18 August 2017
agree with experts, nothing to add
Kumar Doab (Expert) 18 August 2017
THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988

3. Prohibition of benami transactions- (1) No person shall enter into any benami transaction.
(2) Nothing in sub-section (1) shall apply to the purchase of property by any person in the name
of his wife or unmarried daughter and it shall be presumed, unless the contrary is proved, that the
said property had been purchased for the benefit of the wife of the unmarried daughter.


http://dea.gov.in/sites/default/files/Benami%20Transaction_Prohibition_%20Act1988.pdf
Kumar Doab (Expert) 18 August 2017
THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016 NO. 43 OF 2016 [10th August, 2016.]
(9) "benami transaction" means,—
(b) the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration, except when the property is held by—
(iii) any person being an individual in the name of his spouse or in the name of any child of such individual and the consideration for such property has been provided or paid out of the known sources of the individual;


http://karnatakajudiciary.kar.nic.in/hcklibrary/pdfupdates/BENAMI_TRANSACTIONS_(PROHIBITION).pdf
Kumar Doab (Expert) 18 August 2017
Thanks for agreeing Mr. Suneel Moudgil...
Dr J C Vashista (Expert) 20 August 2017
Respectfully I do not agree to the opinion and advise of experts since the title of the property can not be termed as "Benami" since it is a self-acquired (purchased) property by deceased father of author and same has been succeeded/inherited by 4 LRs of deceased (father), accordingly provisions of Benami Transaction (Prohibition) Act, 1988 (as amended) do not attract in the instant case.
Dr J C Vashista (Expert) 20 August 2017
Mother of the author can not be the sole titleholder rather she has 1/4th share (along with 3 sons) in the self acquired property of her deceased husband, if the 3 sons did not relinquish their respective share .
Dr J C Vashista (Expert) 20 August 2017
Consult a local lawyer with relevant documents of the property for better appreciation of facts and proper guidance.
Kumar Doab (Expert) 20 August 2017
Respectfully I do not differ with opinion and advise of Dr.J.C.Vshista.

I have stayed away from calling the property as Benami and have tried to post in simplest possible manner and per limited understanding.

Certainly I have posted the extent clauses/sections of the Act/Amended Act.

Kumar Doab (Expert) 20 August 2017
I agree with Dr.J.C.Vashista that case file with all relevant docs and inputs in person be given to a very able LOCAL counsel of unshakable repute and integrity specializing in such/succession/civil matters and having successful track record in such matters for a considered opinion after due examination of docs, inputs, intent, and surrounding circumstances.................

Kumar Doab (Expert) 20 August 2017
One Perspective; The investment was made in the name of wife for the benefit of wife..................The conduct of the deceased husband may also establish it.

Or the counsel of wife may establish it.
Chances are likely..........
Kumar Doab (Expert) 20 August 2017
Another Perspective; To the contrary...............and counsel of OP may succeed to establish it....
Kumar Doab (Expert) 20 August 2017
The relation is husband and wife.
Relationship with each other..............................doctrine of advancement............position of parties.......surrounding circumstances............... conduct of the deceased husband may establish that it was husband's intention that his wife is to become owner...............
Kumar Doab (Expert) 20 August 2017
On the posted perspectives, the following may be pursued for impressions............

Supreme Court of India
Bhim Singh & Anr vs Kan Singh(And Vice Versa) on 21 December, 1979

https://indiankanoon.org/doc/1591216/
Kumar Doab (Expert) 20 August 2017
For impressions on the perspective to the contrary following may be pursued;

Delhi High Court
Yogita Dasgupta vs Kaustav Dasgupta on 27 July, 2016
https://indiankanoon.org/doc/89601798/
Kumar Doab (Expert) 20 August 2017
Enriching discussion and valuable opinion from Experts ( Except IT=@PSD of any of IT's multiple and fake ID's some of which have been blacked/shunted out ) are welcome.............
Kumar Doab (Expert) 20 August 2017
Dear Dr. J.C.Vashista,

Respectfully the posts are for enriching discussion and to gain from it and not at all to argue..........


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