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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A person gifted a property they initially purchased to their parent. After the parent's death, they are asking if they can file a suit for declaration under Benami law to reclaim it, especially since there are other legal heirs. The consensus is that once a property is legally gifted, it becomes the absolute property of the recipient, and such claims are generally not maintainable in court under Benami laws.

T. Kalaiselvan, Advocate (Expert) 12 September 2024
No suit or case is maintainable either for declaration or any other reason to retrieve the property.
After transferring the property to parents, it becomes their own and absolute property hence such whimsical ideas will not be entertained by court and there is no provision in law for any such claim.

kavksatyanarayana (Expert) 12 September 2024
It has already replied to. a repeated query.

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