Benami purchase of property

Querist : Anonymous (Querist) 01 April 2011 This query is : Resolved
Husband had made a benami purchase of property in the name of his wife.
Wife had not signed the deed of purchase (nobody signed on behalf of purchasers).
The husband is one of the witnesses in the deed of purchase (with two others).
Wife died intestate and left behind a son.
Who is the present owner of the property?
Just Husband or both Husband and son?

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H. S. Thukral (Expert) 01 April 2011
a property can be purchased benami in the name of wife. Presumption is in favour of wife that the purchase was for the benefit of wife. a strong rebuttal shall be required with proof that it was not. if contrary can not be proved by husband then property shall be divided as per Succession Act.

Dayananda Gowda (Expert) 02 April 2011
I agree with Harbhajan sir

R.Ramachandran (Expert) 02 April 2011
I agree with the views of Mr. Harbhajan.
Therefore, if the husband is not able to rebut the presumption that the deceased wife was the owner of the property in question, then the property would go to both the husband and son in equal share.

DEFENSE ADVOCATE.-firmaction@g (Expert) 02 April 2011
It is legal property in the name of wife. It can not be benami. Husband purchased in the name of wife that is all, nothing illegal.

R.Ramachandran (Expert) 02 April 2011
Dear 'Your Advocate' nobody says it is illegal, not even the querist.

Jitendar Kumar gupta (Expert) 02 April 2011
Both husbnd and son are the owner,
You may contact me with Prior appointment
J.K.Gupta ADv.
Mob. 9868529732
guptajkin@yahoo.co.in

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