Kindly suggest the best way out !
AMITS
(Querist) 04 September 2015
This query is : Resolved
DEAR EXPERTS, I HAVE A QUERY ,WE ARE 4 BROTHERS , IAM 2 ONE,AFTER THE DEATH OF OUR PARENTS IN 1977 ,WE ALL PURCHASED A PIECE OF LAND FROM SALE OF ANCESTRAL PROPERTY WHICH WAS IN THE NAME OF MY MOTHER,THE COST OF THE PLOT WAS ABOUT ONE LAKH RS AT THE TIME OF PURCHASE BUT SINCE WE WERE ALL(ALL FOUR BROTHERS) WERE IN GOVERMENT JOBS SO WE CHOSE TO BUY THE PLOT IN NAME OF MY NEPHEW SON OF OUR ELDEST BROTHER( HE WAS JUST NINE YEARS OF AGE), TO AVOID ANY TAX LIABILITIES AT THAT POINT OF TIME , NOW AFTER ABOUT 38 YEARS THE COST OF THAT PLOT HAS INCREASED TO A SIGNIFICANT AMOUNT AND NOW MY NEPHEW IS ALSO AROUND 46 YRS OF AGE AND IS NOT WILLING TO SELL OF THE PROPERTY ,ALTHOUGH HE IS NOT IN POSSESSION OF THE PAPERS ( PAPERS ARE THEIR WITH ONE THE MY BROTHER WHO IS JUST NEXT TO ME , ,ALSO THE SIGNATURE OF MY NEPHEW WERE DONE BY MY YOUNGER BROTHER. SO TECNICALLY ITS JUST THE NAME OF MY NEPHEW IN WHOSE NAME THE PLOT IS BEING BOUGHT . AND HE IS NOT READY TO SALE IT ( HE PROBABLY WANTS TO EAT UP THE WHOLE PLOT AS IT WORTH CRORE OF RS) WHAT CAN BE DONE IN CASE THINGS DID'T WORK OUT AND HE IS NOT READY TO SELL IT , WHAT ARE THE OPTIONS AVAILABLE TO US HIS FATHER IS ALSO COOPERATING HIM, IN CASE WE SELL IT SOMEHOW DO WE HAVE TO FACE ANY LEGAL REPURCUSIONS , IS THERE ANY MOST SUITABLE WAY OUT TO SELL THIS PLOT WITHOUT LANDING IN ANY LEGAL TROUBLES FROM MY NEPHEW,ALTHOUGH HE DOES'T HAVE ANY PAPERS AND HE WAS NINE YEARS OF AGE AT THE TIME OF PURCHASE,KINDLY SUGGEST WHAT CAN BE DONE.1 THANKU!
Anirudh
(Expert) 05 September 2015
When the property is in the name of your nephew, you cannot sell it.
At that time all of you thought that you are saving on tax, which proves to be highly costly now.
Your nephew may not have any papers now, or he might have been a just one day baby when the property was purchased in his name, please remember, the property is his as the property is in his name. It is immaterial, who paid for purchase of the property. UNLESS YOUR NEPHEW HIMSELF IS READY TO SELL, NONE OF YOU CAN DO ANYTHING ABOUT IT.
Guest
(Expert) 05 September 2015
Sort it out Amicably With him.Convince him and Obtain a Power of Attorney from him to Proceed further with the help of Elderly relatives respected by him.Any Rude methods could Provoke him and he would not Co operate.Legally He is the absolute owner.
Sudhir Kumar, Advocate 
(Expert) 05 September 2015
You have done most stupid series of actions on earth:-
(i) you assumed that it is illegal money for a govt servant to have property from succession and you did not want to intimate it to the deptt.
(ii) proceeds of joint property were used to buy property in the name of a sole decedent.
(iii) you assumed that nine year old child will never grow up.
(iv) you allowed the things to go so far up 1/3 the of a century.
(v) you lived under an impression "mera bhai/bhatija aisa nahin karega"
You have to forget that plot.
it is your choice whether you have to realise the truth based on free advise given by experts above or
Rajendra K Goyal
(Expert) 05 September 2015
Legally you have no claim / no share on the plot. Only amicable settlement is the way left.
Guest
(Expert) 05 September 2015
In the present scenario, there is no scope for any legal solution. You will have to depend solely at the discretion of your nephew. However, a time consuming detailed investigation can help you to pick up thread for legal solution. For appropriate guidelines, if desired, subject to charge of professional fee, you can feel free to contact at: dcgroup1962@gmail.com
V R SHROFF
(Expert) 05 September 2015
You said, Papers are not in nephew's possession.
So who is in possession of Land?
Who possess papers?
Though Too Late, not impossible..
P. Venu
(Expert) 05 September 2015
What is the stand of the brother, who is the nephew's father.
Sudhir Kumar, Advocate
(Expert) 05 September 2015
Further
You said
"WE WERE ALL(ALL FOUR BROTHERS) WERE IN GOVERMENT JOBS SO WE CHOSE TO BUY THE PLOT IN NAME OF MY NEPHEW SON OF OUR ELDEST BROTHER( HE WAS JUST NINE YEARS OF AGE), TO AVOID ANY TAX LIABILITIES AT THAT POINT OF TIME"
Your statement is illogical seems you have something to hide
You were not first or last govt servant to have inherited something from ancestors. No Govt servant is seen doing so.
However many Govt servants do purchase property in the name of minor/major relatives when they amass huge money from bribes, to avoid being caught.
On earth there is no bigger stupidity than buying land in the name of minor. You come out clearly why you had to do so.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 05 September 2015
Convince your nefew that he will not in a position to sell nor yourself. Amicable settlement is only recourse to avoid any disputes
Sudhir Kumar, Advocate
(Expert) 05 September 2015
a 46 years man may not so foolish that he can be convinced that he cannot sell land which is in his name for the last 37 year.
Your brother can also not be foolish enough to advise his son to leave th land in yor favour knowing well that you cannot be anything.
I agree with Mr Jeevan Patil that amicable solution can be tried.
But I see that amicable solution could be for you to forget that land. It is your choice whether you forget peacefully or forget after enriching lawyers.
or else
you can beg for your share.
Guest
(Expert) 06 September 2015
Querist/Author Is Just Consulting Here For the Problems which would have made them Desperate.For that Reason They Need Not Be Insulted and Wounded with Statements Like "You Can Beg For Your Share " Etc Mr.Sudhir Kumar Please.
Dr J C Vashista
(Expert) 06 September 2015
You have adequately been advised by experts, no room left, however, if you feel, consult a local lawyer for professional advise and proceding.
Sudhir Kumar, Advocate
(Expert) 06 September 2015
he has already written property in charity to his nephew and after 37 years he wants it back while nephew is unwilling. He can only beg. He just cannot do anything else or he can forget the property.
Guest
(Expert) 06 September 2015
The Words Like" Request" Or" Plead" Would be Better Than This.
Guest
(Expert) 06 September 2015
Even In Side the Courts These Sort of Words It Will Not be Permitted.
Guest
(Expert) 06 September 2015
Even the Other Side advocates would be addressed with Respect in the Courts Replying A Querist as "You Can Beg for Your Share " is an Expression of Un Pleasantness and Un Comfortable in Him Self.Ofcourse Mr.Sudhir Kumar is Only a Deputy Director In Profession and He should not Treat the Querist in the way he might treat his employees.
dev kapoor
(Expert) 06 September 2015
Hi all,
I f we undertook to play EXPERT,lets behave like that.Why call questionnaire's action etc as "stupid".After all he has faith in you guys considering your experience and acumen in the profession.
Then why do we omit to comment on "Benami transactions".46 years ago the Act was in operation & has recently been revoked.Then, a 9 years child cannot prove that he had means/income to prove resources to purchase this land of his own unless it is proved that he had money sufficient enough to buy this piece of land.Revocation of Benami Transactions Act is not retrospective.It is admitted fact that price property may have gone rocketing high and this gives cause of action to FOUR Bros to move Civil Court for declaration.The title papers are in possession of Bros.Subject to other factors,limitations,the case of the questionnaire is not "stupid".Let us admit, day in and day out a number of benami transactions like the one at hand take place,this does not mean that ppl do foolish things.When law dis not bar such action ppl used to follow this practice of 'benami transaction'......If there is a legal problem,there is a legal remedy too. Let's think again and advice the questionnaire without entering into 'personalities'.Good Day.
dev kapoor
(Expert) 06 September 2015
...There was Benami Transaction(prohibition) Act,1988 which is no
Benami Transactions (prohibition)/Amendment Act,2015
Guest
(Expert) 06 September 2015
You Could Contact Our Senior Expert/Senior Advocate Mr.P.S.Dhingra for an appropriate Guidance.(As many things Could not be Open)
dev kapoor
(Expert) 06 September 2015
There was Benami Transaction(prohibition) Act,1988 which is now
Benami Transactions (prohibition)/Amendment Act,2015.Among others Section 3 & 4 are important.
Guest
(Expert) 06 September 2015
Mr. Dev Kapoor,
Wonder to see your posts!
So, your advise to the querist is to go ahead merely in the name of "Benami Transaction(prohibition) Act,1988 and Benami Transactions (prohibition)/ Amendment Act,2015," but without having any substantial proof in hand and taking very essential precautions?
Further, are you sure that the querist would be able to escape from the implication of the provisions of section 3(3) of the Act, if he take up his case, in the name of benami transaction, if investment of his share in the ancestral property is proved to be in lieu of the sale proceeds of which that benami transaction was made?
Also, are you sure that section 5 can't be invoked to his disadvantage if the property of his nephew is proved to be a benami property?
Sudhir Kumar, Advocate
(Expert) 06 September 2015
further if a govt servant acquires a property in the name of some other person and does not inform his deptt and still claims ownership then he can be guilty of holding "asserts disproportionate to known sources of income".
This is a departmental misconduct however action can be taken against him by deptt during service only.
this is a criminal misconduct (cognizable/non-bailable) and criminal liability doe snot extinguish after retirement.
Sudhir Kumar, Advocate
(Expert) 06 September 2015
@ Mr NJS Rajkumar.
He will not have to beg for his share. Alas some legal provision could be in his favour by way of which he could re-claim his charity after 37 years. Any provision fastening any legal liability to his nephew to restore the land could help him.
You have also had first reaction that
"Any Rude methods could Provoke him and he would not Co operate.Legally He is the absolute owner. "
I have all the reasons to agree with the same.
You also expressed that
"Convince him and Obtain a Power of Attorney from him to Proceed further with the help of Elderly relatives respected by him."
Yes if it could really work nothing better than this option. But actual life when the question of land and money comes none is ready to part with free feasted estate.
Had this option been workable then the person would not have been here.
The case of querist is unfortunate.
Guest
(Expert) 06 September 2015
My Only Request was To Maintain Diplomacy and Decency To the Querist/Author As We also Would Expect the Same from Them.
Guest
(Expert) 06 September 2015
It would have been Pleasant If the Same Word Was Not Repeated atleast in the Last Post.
Sudhir Kumar, Advocate
(Expert) 07 September 2015
There is nothing wrong in showing the querist the hard reality.
Guest
(Expert) 07 September 2015
If at all the Words and Comments Like"You Could Beg For Your Share" etc are Nothing Wrong Kindly Use them In Side the Courts and See the Out Come.
AMITS
(Querist) 22 September 2015
with due respect to all the expert, various advices coming out from various corners is obviously very negative, this is what i cud make out after reading comments of experts , is't that very obvious that a 9 year old boy cannot purachase a plot in his name from his own funds, somebody might have done it on his behalf, i wish if i could have found some thing really at promising solution or atleast the nephew wud not get to eat up the whole plot alone. i don't know but i still trust law it must have some solution, probably a deeper look into it wwud give a better idea of possible solution. anyways thank you all for all your valuble inputs.
Sudhir Kumar, Advocate
(Expert) 23 September 2015
A 9 year old boy cannot buy a flat but he can be gifted the land by his uncles. This is a valid transfer.
It is now upto his sweet will he may return the gift ed property or not.
This forum has seen the situation and the experts advised you the best possible. You have no clam on said property. You have to beg before him fro your share or forget about the land.
Guest
(Expert) 23 September 2015
Once Again Mr.Sudhir Kumar Being a Deputy Director of a company Should Not Treat the Querists as how he might treats his Staff and Sub Ordinates.Already said the Sentences Like "You have To Beg" etc will Not be Permitted in side Courts Also.Better He should Mind His Words to maintain the Respect.
