Benami transanction
dev kapoor
(Querist) 12 November 2011
This query is : Resolved
There seems to be much heat brewing on a simple qn.Let us go for a cease-fire.
prabhakar singh
(Expert) 12 November 2011
The author has already closed the topic.
dev kapoor
(Querist) 12 November 2011
Going through the qn put by Anonymous from Kashmir, I say that under the J&K Housing Act,the immoveable property is only 'allotted' or 'leased out for 50 or 99 years' to the eligible persons & not sold.This 'allotment' of 'lease' as the case may be is renewable after the term expires.
Regarding 'declaration' decree,suffice it to say that 'if there is no threat to the possession of the querist let him enjoy the possession over the plot.If he wants to further sub-let it for gain,he may need the "Okay" from the LRs of the deceased in whose name the plot exists.This is not a case totally "LOST".The evidence of possession since allotment etc is very vital & LRs of the deceased will acknowledge the same.
Please add anything...anything but a barter !
Shailesh Kr. Shah
(Expert) 12 November 2011
ok!!!!!! i already silent. but, i did healthy discussion with respectfully.
dev kapoor
(Querist) 12 November 2011
Fine Sirs!
Regards
dev kapoor
(Querist) 12 November 2011
Mr.Shailesh you are indeed YOUNGMAN (& obviously turbulent too.That you ought to be)I must,however compliment that yours LEGAL APPROACH is unexceptional in this qn.Nevertheless Sh.Prabhkar has also approached the proposition in an astute way.Let us believe WE are here in our capacity as SELF- STYLED EXPERTS & rendering gratuitous advice to those who voluntarily seek on this Forum.We are not here to WIN OR LOSE A CASE.Therefore we differ in opinion with other member/expert but we must maintain Dignity of the profession & keep the sense of brotherhood high.
I am not here to deliver a sermon,nor do I do but I respect all of you because you ppl are giving your valuable time to this Forum,whosoever has initiated it.....he deserves a big THANKS as he is carrying the campaign of AWARENESS OF LAW in this manner....wonderful....Great! But WE,we have enliven this Forum at the cost of our time & still sometimes we behave ironical to our counterparts. (Look I am using the words "counterpart" & I mean it.I do not not how you guys take it)
My best wishes to all of you & warm regards too !
Good Night, Have a Great Sunday
Here is some Urdu verse, for NOTHING...
"Hum Raaz ko raaz hee rakhte tau achha tha,
Yun Chahat apni dikha k usko Magroor kar diya !
J K Agrawal
(Expert) 13 November 2011
Dear Mr Dev Kapoor.
As far as I could understand your question it that 'There is no any record of title over a land in possession of A. In government record the property stands in the name of B. The successors of B are ready to accept that they have no possession not ownership over the estate and A has the same' Now what is status of A.
If so is the question I will try to answer as under.
A is not Benami Owner but Real Owner of property and he acquires rights by the law of prescription.
A is not entitle to plead himself Benami Owner untill he says that "Actually I was the owner of land throughout but it was registered in govt records in name of B with our mutual consent and B was NEVER owner of land at any point of time."
If B was real owner of property at any time the Benami status does not arises.
and we are not here to contest each other as we charge for the same and the forum is totally free.
