Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Property issue

Querist : Anonymous (Querist) 01 July 2021 This query is : Resolved 
My father buyed a property under the name of my elder brother.He buys the plot in 1973 in which he buyed half plot under the name of my mother and half under the name of my elder brother.My elder brother was 24 years old at that time and was working with my father,he did'nt had any source of income.He lives with my father only.So,can i make a claim to that property which was buyed by my father under the name of my brother?
Advocate Bhartesh goyal (Expert) 01 July 2021
No , you can't claim now any share or right over the property bought on the name of your elder brother by your father in the year could claim any right or share in property before 1988 but
after came into force of Benami Transaction Act 1988 , no person can claim his right or share in Benami properties.
kavksatyanarayana (Expert) 01 July 2021
You stated that your father purchased the property in the name of your elder brother and also half plot in the name of your mother, which is correct? If the property was bought in the name of your mother and elder brother, then you have an equal share in the 1/2 share of your mother with other legal heirs only after her. Now you have no right.
Dr J C Vashista (Expert) 02 July 2021
I agree with the experts.
You can not claim any right in the 1/2 share of your brother, even if he was not earning.
P. Venu (Expert) 02 July 2021
Were you born at the time of purchase?
T. Kalaiselvan, Advocate (Expert) 02 July 2021
Your father might have funded for the purchase of the property but since he bought it on your brother's name as well as your mother's name, your father cannot claim any share in that property.
If your father himself cannot claim any share in that property, you being a third person, do not have any rights or interest in the property hence any claim made by you in this regard would not be maintainable.
ashok kumar singh (Expert) 03 July 2021
agreed with views of earlier experts, therefore no further comments, so far.

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