Property dispute with my brother
taarzaan
(Querist) 15 September 2014
This query is : Resolved
Hi. My father bought a land of 1 acre. I have a brother. But due to family issues my bro left us saying that I don't need my share in that land.But it is not in written statement. I was with my dad helped him selling that land and we bought another land using that money,and it was registered on my name.Now my dad is no more. does my bro has right in this land which is registered on my name...? reply soon
Advocate M.Bhadra
(Expert) 15 September 2014
Being abolish of The Benami Transaction (Prohibition)Act in 1988,if your father purchased a piece of land in your name by way of registered deed then your brother has no right over it.
Section 4 of the Act reads as follows:-
“(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.”
Therefore, on coming into force of the Benami Transactions (Prohibition) Act, 1988 defence raised for the proof of the fact that the property held by a person is in the capacity of a benamidar is expressly prohibited. Neither the court is permitted in law to consider such defence nor to record its findings.
ADV-JEEVAN PATIL, MUMBAI
(Expert) 15 September 2014
U HV purchased land with fathers property your may can claim. Take NOC from bro
Sudhir Kumar, Advocate
(Expert) 16 September 2014
if purchased with proceeds of ancestral property you brother can claim.
Advocate Bhartesh goyal
(Expert) 16 September 2014
Mr M Bhadra is absolutely right your brotheris not entitled to claim any share over the property purchased by your father on your name and got registered the sale deed in your name.sec 4 of Benami Transactin Act is very clear.
Rajendra K Goyal
(Expert) 16 September 2014
Land is in your name, your brother has no claim on it.
ajay sethi
(Expert) 16 September 2014
agree with experts
Sudhir Kumar, Advocate
(Expert) 16 September 2014
further advise could be given if you stated the date of purchase and date of your father's death.
T. Kalaiselvan, Advocate
(Expert) 24 September 2014
The property purchased by your father on your name is your own property, in which your brother has no rights or interest hence he is not entitled to claim a share in it, legally.
