Sale of plot by father
satyennsinha@yahoo.com
(Querist) 28 August 2011
This query is : Resolved
Respected experts,
My father has sigend an agreement for sale of his self acquired property comprising 2400sq.ft plot and a house build on it, we five son's and one sister had on times helped and contributed financially our father towards acquiring thwe said property,but owing to some differences my father has entered into agreement to sale with person "A" @ Rs.850/-Per Sq.Ft and the said person "A" on the basis of the said agreement to sale is trying to sell the siad property to some another person @Rs.1100/- Per.Sq.Ft.
sir I want to know what Legal options do we have legally to halt the sale and convince our father that his property is saleable @ Rs.1100/- Per.Sq.Ft.Also can we as the legal Heirs have right to ask for a share from the sale proceeds?
Thanking you and looking forward to have best opnions from you all.
Devajyoti Barman
(Expert) 28 August 2011
Though you have a weak case but still you can file a suit under the Benami Transaction Act on the ground that the said plot was help for the benefit of the undivided family or the coparceners.
There is a exemption for such suit u/s 5 of the Act.
satyennsinha@yahoo.com
(Querist) 28 August 2011
To,
Devajyoti Burman ji,
Thank's a lot for your advice but it will be much helpful if you can elaborate the point on Benami transaction Act and how do we file the suit,because many of the lawyers whom we met has advised us that our father has full right's to sell the said plot and only his grandson's can object to the sale that too after their grandfather's death, when the said property becomes their ancestral property.
Once again thanks a lot sir.
R.Ramachandran
(Expert) 28 August 2011
Since the property is standing in the name of your father, he is completely within his legal rights to deal with the property in whichever way that he wants. None of the children or wife can object to that or claim any share from the property. There is no legal way by which his actions can be stopped.
Coming to the Benami Transactions (Prohibition) Act 1988: Section 3(1) clerly prohibits that no person shall enter into any benami transaction. Benami transaction has been defined as "any transaction in which property is transferred to one person for a
consideration paid or provided by another person".
The prohibition will not apply if the purchase of property by any person is in the name
of his wife or unmarried daughter. Again in those cases, it shall be presumed, unless the contrary is proved, that the
said property had been purchased for the benefit of the wife of the unmarried daughter.
In the present case, if the son(s) have to claim that it was benami property and it is in the hands of the father; then it would be completely hit by the provisions of Section 3(1).
Therefore, such averment in the plaint being contrary to the law, will be liable to be rejected under Order 7 Rule 11 CPC.
ajay sethi
(Expert) 28 August 2011
mr barman and Mr ramchandran have given you good advice .
Kiran Kumar
(Expert) 28 August 2011
Well advised by Mr. Ramchandran
Raj Kumar Makkad
(Expert) 28 August 2011
I concur with the advice of Ramachandran.
Advocate Bhartesh goyal
(Expert) 29 August 2011
Mr R.Ramchandran is absolutely right.you all have no legal right to make objections.the property is under absolute ownership of your father and he has legal right to sale it or transfer it in the manner whatever he likes.
