Partition
rasssssssssssssssssss
(Querist) 31 January 2013
This query is : Resolved
Dear Madam/Sir,
Mr A had purchased land and registered the land in his fathers name. The father has 3 sons & 2 daughters (including Mr A) The father dies without a will. After the father died all the kids applied their name for RTC. AS now their name is in RTC they are planning for partition.
1. What will be Mr A legal rights to the property be, will it be the same as that of other kids. As Mr A paid the amount for that property.Even though during registration of land he put his fathers name.
ANIL KUMAR 8867907494
(Expert) 31 January 2013
A has to file suit and prove that it was benami transaction to claim the property
prabhakar singh
(Expert) 31 January 2013
Information given by you is incomplete.When was the property bought by the son in his father's name paying consideration himself.
Under The Benami Transactions (Prohibition) Act,such a transaction is prohibited by Its'section 3(1) which runs as "(1) No person shall enter into any benami transaction." and the same is punishable under section 3(3) which reads as "(3) Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both."
Then suit advised does not lie in my view and I humbly disagree.
The property shall be treated of father and devolution would be as per personal law of parties in case father died intestate.
Raj Kumar Makkad
(Expert) 02 February 2013
I do endorse the advice of Ld. Singh sir.
rasssssssssssssssssss
(Querist) 03 February 2013
Sorry for the late reply. Prabkhar Sir,considering A brought the property in the year 1973.could u please tell me what do u mean by personallaw of parties
Raj Kumar Makkad
(Expert) 03 February 2013
Personal law means Hindu Law or Muslim law or Christian law.
In the given matter, there is no scope for A to agitate in either way and he shall equally inherit the property as of his brothers and sistrs in their individual capacity.
rasssssssssssssssssss
(Querist) 03 February 2013
Tks RAJ Sir I would like to know once decided abt the property and its distribution to each individual wht aspect should be considered in the deed. The deed to be signed is it the release deed by each individual.
