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Important (Owner)     18 August 2023

Agriculture land in up

Dear All

One agriculture property was purchased by my grand father , great grand father and in laws of my grand father on sharing basis in Uttar Pradesh in Year 1964 . During the purchase time , my father was minor. When my father became adult , he purchased land from my great grand father. Registry & mutation of property was done in favour of my father in 1969 . Similarly property in name of inlaws of my grand father was purchased by my elder uncle and Registry & mutation of property was done in favour of my elder uncle  in 1969 . In both the cases , very small payment was made in cash and rest was adjusted as my Great Grand father and in laws of grand father owed money to my grand father and grand mother. My father were 6 brothers and now 4 of them claims it to be a benami property and also in year 2014 , my grand mother made a registered will and in this will she has written that property was purchased from my money in favour of my elder two sons and now I am relinquishing this  property in favour of other four sons. Though lower court has said that this is not benami property nor the will is valid as the property is not registered in my grand mother name ? My uncles have gone for appeal in Allahabad High Court.  In your view is this property a benami property ?

 



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 3 Replies

anubhav Bhatt   18 August 2023

Dear Client you should contact us then I'll explain properly about your case.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 📱 9198889990.

T. Kalaiselvan, Advocate (Advocate)     19 August 2023

The trial court's decision appears to be proper and very perfect hence the appellate court may not entertain the appeal preferred by thea ggrieved party.

P. Venu (Advocate)     19 August 2023

The Benami Transactions (Prohibition) Act had been enacted in the year 1988 and, certainly, it could be of no application in case of a transaction which had taken place in 1969. Moreover, the grandfather having executed the conveyance deed, the version being advanced by the grandmother is not of much credibility.


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