Benami property
Sourav
(Querist) 18 November 2016
This query is : Resolved
Dear , respected experts,
I have an query about benami property...
If a property registered in wife's name where as wife is a house wife and she had no source of income and her husband was a government employee , in that situation is that property comes under benami?
Waiting of all of yours valuable reply.
Guest
(Expert) 18 November 2016
What Is Your Problem
Sourav
(Querist) 18 November 2016
Actually my mom have a property on her name , but my mom is a house wife and she had no source of income , now she try to sell that property , now my question is any how can I stop her to sell?
Ms.Usha Kapoor
(Expert) 18 November 2016
If you are educated search or an employment and stop her from selling of the property.
Sourav
(Querist) 18 November 2016
Can't understand what u r say.....??
Sourav
(Querist) 18 November 2016
Can't understand what u r say.....??
Guest
(Expert) 18 November 2016
A Good Advise From Expert Ms.Usha Kapoor
Guest
(Expert) 18 November 2016
There does not seem to be any legal problem for the present.
Discuss your own real problem for solution, instead of seeking answer to your academic query.
Rajendra K Goyal
(Expert) 18 November 2016
Property is in her name and she has right to sell it.
Sourav
(Querist) 18 November 2016
But as she is a house wife and she had no source of income...in that situation does the property falls under benami? Cause she try to sell the property without my consent , as a legal heir of her can I claim the share of that property?
Rajendra K Goyal
(Expert) 18 November 2016
Husband / relative can give loan / gift to wife to purchase property.
Guest
(Expert) 18 November 2016
You have NO Legal Claim/Rights on Property.
Guest
(Expert) 18 November 2016
Remember We Treat Mother as God.Taking Legal Opinion against a Mother Exposes your Character.
Guest
(Expert) 18 November 2016
Mr. Saurav,
With reference to your latest statement, your concern seems to be a share from the property. So, from where the question of benami arises?
Anyway, you don't have any right during life time of your mother,
Guest
(Expert) 18 November 2016
First thing property purchase in name of wife does not come as benami transaction within benami prohibition act.
Second lady become owner of property and she can do any thing about that property no one has any right on that property
Third you don't have legal right as such , so better be competent , keep your mother happy this is only solution to problem
Fourth legally if you take legal step in court first be ready to pay heavy court fee on valuation of immovable property. Relationship may became strain and since she as owner make will that after her death property should go to some xxx or charity then also problem because it is her property she can do whatever she likes
Guest
(Expert) 18 November 2016
Better be good son she will listen to you happily
Kumar Doab
(Expert) 18 November 2016
Ms. Usha Kapoor senses the essence in her 1st post itself.
You have no forced share in life time of your mother.
Your mother can dispose the property in her life time as it pleases to her.
She may by her sweet will decide to it you.
Sankaranarayanan
(Expert) 18 November 2016
Nothing more to add , concentrate on her health .
Guest
(Expert) 18 November 2016
A Good Advise by Expert Ms.Madhu
J K Agrawal
(Expert) 18 November 2016
Dear Friends
I agree with all of you and Mother is always Mother and not a Mohra of Chess Board. The Question itself is shameful and better to not advise such a persons.
I also not want to suggest him any thing However I give legal proposition. May be these interesting to all of us.
1) This type of transaction is Benami.
2) No body has power to restrict any further transaction in Benami Property.
3) No stay, No PI, No TI, No declaration Suit to declare the property to be benami is possible.
4) Consequence is Confiscation of property.
5) It is an offence.
5) Entering into illustrated transaction is a Benami Transaction but it is not prohibited by any law.
Please feel free to ask for any doubt in legal propositions.
J K Agrawal
(Expert) 18 November 2016
Dear Friends
I agree with all of you and Mother is always Mother and not a Mohra of Chess Board. The Question itself is shameful and better to not advise such a persons.
I also not want to suggest him any thing However I give legal proposition. May be these interesting to all of us.
1) This type of transaction is Benami.
2) No body has power to restrict any further transaction in Benami Property.
3) No stay, No PI, No TI, No declaration Suit to declare the property to be benami is possible.
4) Consequence is Confiscation of property.
5) It is an offence.
5) Entering into illustrated transaction is a Benami Transaction but it is not prohibited by any law.
Please feel free to ask for any doubt in legal propositions.
Kumar Doab
(Expert) 18 November 2016
Dear Mr. J.K.Aggarwal,
I appreciate you for sharing wholeheartedly.
Kindly keep on sharing wholeheartedly.
Sourav
(Querist) 19 November 2016
So according to mr. J k arsenal sir it is a benami property , so if it is benami then how she can sell it?
Sourav
(Querist) 19 November 2016
Sorry title id mistyped it's agrawal.
Guest
(Expert) 19 November 2016
I think Expert Mr.J.K.Agarwal Prefers to Teach the querist /Author a Lesson for his Illegal Proposal and Wants to take him for a Ride.
Guest
(Expert) 19 November 2016
Mr. Saurav,
Your question, "So according to mr. J k arsenal sir it is a benami property , so if it is benami then how she can sell it," particularly with reference to your claim on your mother's property is quite irrelevant.
You should know that the title holder can sell or even dispose of the property in any manner she likes.
Kumar Doab
(Expert) 19 November 2016
With reference to your query in your 1st and 2nd post;
Wife and mother can sell the property that they own without any need of any consent from anyone.
Guest
(Expert) 19 November 2016
There seems nothing new or special advice by the previous expert after my last post or even after the advice of other experts.
Kumar Doab
(Expert) 19 November 2016
There is for nothing at all by the previous expert after my last post or even after the advice of other experts.
He is here to show his picture and his agency that at all.
All readers may go thru his post in threads that can be accessed in his profile, under Forum/Experts sections.
The intolerable and abusive person above, has littered and is littering nuisance in threads despite having been asked,prohibited,cautioned.
Rajendra K Goyal
(Expert) 19 November 2016
As advised above, she is title holder and can sell the property.
Guest
(Expert) 19 November 2016
Since there was nothing special in the name of any advice from the expert after my suggestion, I wonder how he expected any response to his advice!
About my picture, if he has any objection, he may give specific reason, why I should delete my picture. At least readers are quite able to see from my pic, who stated what. But it wonders me, with what specific reason Mr. Kumar Doab always remains hidden from the querists and other experts.
Kumar Doab
(Expert) 19 November 2016
I don't post anything for the person named @ P.S.Dhingra.
It has been posted time and again for this person named @ P.S.Dhingra.
This person named @ P.S.Dhingra is in the habit of mocking and posting nuisance time and again for anyone and everybody.
This is his time pass.
He is roaming here for his trademark 'TAMASHA'.............faking as Expert.
He has not spared anyone be it authors/querist.................and even fellow experts.
He has been abusing anyone and everyone without realizing that even if he abuses his own family member one fine day it shall boomerang on him...............and therefore he needs to rather bang his own head somewhere so that his abnormal addled wits become normal.
He is here to show his picture and his agency that at all.
All readers may go thru his post in threads that can be accessed in his profile, under Forum/Experts sections.
The intolerable and abusive person above, has littered and is littering nuisance in threads despite having been asked,prohibited,cautioned.....................in many threads.
He needs to STOP HIMSELF BEFORE IT IS TOO LATE FOR HIM.
NONE HERE owed him anything and nor under obligation to tolerate him and his Bakwaas.
Guest
(Expert) 19 November 2016
The post with grumbling of Mr. Kumar Doab reveals his mental state. He is free to continue to expose more and more of himself.
Sourav
(Querist) 20 November 2016
Confused..................
