BORN TO FIGHT (PROPERITOR) 28 May 2013

Benami transaction act

I AM HAVING 2 PROPERTIES IN JOINT NAME WITH MY WIFE. SHE HAS FILED 498A ON ME THAN I HAVE FILED BENAMI TRANSACTION ACT CASE ON HER. I AM HAVING PROOF THAT I HAVE PAID FULL CONSIDERATION FOR THE BOTH PROPERTIES AND CONSTRUCTED THE PROPERTIES WITH MY OWN FUND. MY WIFE IS COMPLETELY HOUSE WIFE. SHE HAS FILED REPLY THAT IN BANAMI TRANSACTION ACT CASE THAT SHE HAS PAID CONSIDERATION MONEY FOR BOTH PROPERTIES BY THE HELP OF HER FATHER. NOW I WANTS TO MENTION HERE THAT HER PARENTS ARE NOT HAVING THEIR OWN HOME. MY IN LAWS ARE VERY POOR THEY ARE LIVING ON RENT. NOW SHE HAS FILED A PARTITION SUIT THAT SHE HAS PAID MONEY FOR SAID PROPERTY AND SHE NEED SHARE OF HER. NOW QUESTIONS ARE AS UNDER:-

1. IF I AM HAVING PROOF OF PAYMENT THAN CAN I WIN BENAMI TRANSACTION CASE?

2. I HAVE NEVER TAKEN A SINGLE PENNY TO MY IN LAWS NEITHER IN CASH NOR IN BANK CAN THEY WIN PROPERTY CASE.

3.CAN MY WIFE SALE HER SHARE IN SUIT PROPERTY WITHOUT MY CONSENT.

4. HOW MUCH TIME COURT WILL TAKE IN DECIDING BENAMI TRANSACTION ACT CASE.

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4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 28 May 2013

If you have to prove of payment then the property is yours. Since the properties are on your couple name, it cannot be others. Since the properties are in the name of jointly. BOth have to agree to sell. Either of the party refused to sing, transaction will not complete.

BORN TO FIGHT (PROPERITOR) 30 May 2013

i am having sufficient proof for payment. but she has written in ws that she has paid for her share. she has not mentioned any where in ws or partition petition that these property was purchased for her benifit. neither i was purchased for her benifite. my question is as under:

can court consider this property for her benifite.?

what should i have prove except payment.

ashu

BORN TO FIGHT (PROPERITOR) 31 May 2013

will court ask to deposite original sale deed in court

BORN TO FIGHT (PROPERITOR) 05 August 2013

hello ramachery sir,

as earlier i was told that i have purchased property now there is disput. is there any change in benami transaction law. i have purchase 1 property in joint name with my wife in october - 2010, 2nd property in october 2012 in joint name. can i claim these properties from my wife as per benami transaction act. secondly there is a clause that it will be presume that these properties for benefit of wife how or by which reason i can prove that these properties not for my wife benefit.

please reply my case is on witness stage.

Thanks