Title to benami purchase property
Querist :
Anonymous
(Querist) 02 April 2011
This query is : Resolved
1) Mr. B had made a benami purchase of property in the name of his elder brother Mr. A. in the 1910s.
(Mr. A signed the registered deed of purchase and Mr. B was the the first witness on the deed.)
2) The younger brother Mr. B rented out the property by registered lease and collected rent for many years. The elder brother Mr. A was not involved in the property in any way.
3)On the death of the elder brother Mr. A, the sons of Mr. A executed a registered deed of relinquishment in favour of actual purchaser Mr. B stating that Mr. B was the true owner all along and the sons of Mr. A do not have any claim on the property.
4) Mr. B continued to collect rent for the property and the heirs of Mr. A have never made any claim on the property.
5) Now Mr. B is also deceased and the heirs of Mr. B want to sell the property.
Do they have clear title to the property to sell?
What needs to be done so that the property can be sold?
R.Ramachandran
(Expert) 02 April 2011
Yes. If on the basis of point (3) above, if the property had been mutated in the name of B. Otherwise, first you have to now get the same mutated in the names of the legal heirs of B, on the basis of the Registered Relinquishment Deed. Thereafter you will have clear title to sell the property.
