Suit for declaration/benami

Ananda (Querist) 12 September 2024 This query is : Resolved
Sirs,
If a Person purchases a property in his name and after few years Person GIFTS (REGISTERED) to his Parent for some reasons.
Later after few years if that Parent expires, can the Person file suit for declaration under benami? As per my understanding benami is when your fund the purchase under a different name. In this case it is claiming a gifted property after demise.
There are other legal heirs.
thanks
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Quick Summary

This discussion explores whether a person can file a suit for declaration under the Benami Act if they gift a property to their parent, who later passes away. The consensus is that a Benami claim typically applies when funds are used for a purchase in another's name. In this case, as the property was legally gifted and registered, it becomes part of the parent's estate. Other legal heirs have equal rights, and a declaratory suit for Benami may not be applicable.

kavksatyanarayana (Expert) 12 September 2024
All the legal heirs have equal rights over the parent's property. Declaratory suit may not be issued in the scenario.

T. Kalaiselvan, Advocate (Expert) 12 September 2024
You have repeated the same question in another thread.
You may visit that thread to know my answer.

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