Suit for partition - benami property
monty lamba
(Querist) 19 November 2016
This query is : Resolved
Dear Sir,
1. My father who died on 2010 may with out any will And My father with his own earnings purchased a Shop at Connaught Place, New Delhi and registered on our mother's name in the year 1978 and constructed a house.
2. My mother is a house wife and does not have any earnings.
3. My mother executed and registered a Deed of Gift (Settlement) of the same Shop at Connaught Place, New Delhi favouring My brother in the year 2013.
4. Is My mother has any right to execute and register such a Deed of Gift (Settlement), where she never earned ? Does this transaction comes under 'Benami Property (Prohibition) Act, 1988' ?
5. We are 4 daughters and 2 son and have equal share of that property.
6. All we Six are married before father’s death
7. Can we challenge the validity of the said Deed of Gift (Settlement) under 'Benami Property (Prohibition) Act, 1988' ?
8.Please kindly advice.
Thanking you,
Rajendra K Goyal
(Expert) 19 November 2016
The property was int he name of mother, she was title holder, she can sell / gift / mortgage / bequeath a will for her property.
Rajendra K Goyal
(Expert) 19 November 2016
THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988.
Section: 2. (a) benami transaction means any transaction in which property is transferred to one person for a consideration paid or provided by another person;
Section: 3. (1) No person shall enter into any benami transaction.
section: 3. (2) Nothing in sub-section (1) shall apply to the purchase of property by any person in the name of his wife or unmarried daughter and 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.
Kumar Doab
(Expert) 19 November 2016
Expert Mr. Rajendra K Goyal has posted the extract from the Act and it clarifies.
Kumar Doab
(Expert) 20 November 2016
All readers shall continue to benefit from the extract posted by Mr. Goyal.
Due to demonetization also nowadays, the 'Benami Property' issue is bothering many citizens.
R.K Nanda
(Expert) 20 November 2016
no more to add.
Dr J C Vashista
(Expert) 21 November 2016
Despite the fact that your mother is a housewife and non-earning member yet the property was registered in her name, which do not come under the preview of Banami Transaction Act as stated.
She has all rights to dispose it as she desire.
Deed of Gift is totally different to settlement, be clear in yourself.
Consult a local lawyer for proper analyses, guidance and proceeding.
Kumar Doab
(Expert) 21 November 2016
Expert Dr J C Vashista has made imp. observations on Deed of Gift (Settlement) as posted by you.
Agreed and you may consult a local counsel.
Rajendra K Goyal
(Expert) 22 November 2016
Agree with the expert Dr J C Vashista.
