Query
mohammed rafiq
(Querist) 24 October 2012
This query is : Resolved
two muslim (sunni)brothers together purchased one house in 1984 but the sale deed was executed in the name of elder brother.in June 2012 the elder brother died leaving behind his second wife three sons and daughter all married and his younger brother and his family.After purchase of the house both brother started leaving there.out of three son only one son was leaving with him and other two were living in another house since from the purchase of the house.Further all the children of the elder brother was from the first wife(non muslim)the second wife dosnt have any children.Now after the death of the elder brother the two sons who were completely outsterd from the house has filed a partition suit against the there step mother and there youngest brother, also they are demanding possession of the house back from the younger brother(age 70) of the deceased brother by making them party in the suit.They have stated in there suit that younger brother of the deceased was living in the said property as a licencee. The step mother and the youngest son and the daughter of the deceased have given reply with affidavits to temporary injunction stating that the property was together purchased by the deceased and his younger brother but the sale deed was executed in the name elder brother.Does this reply help him creating any title to disputed house or court will deny this fact. pls. suggest some case laws for this matter.
ajay sethi
(Expert) 24 October 2012
for case laws visit indian kanoon website .
you have stated that both brothers have purchased property jointly but property was purchased in name of one brother only . the ownership and title of property standing in name of elder brother cannot be challenged in view of benami transaction act
ajay sethi
(Expert) 24 October 2012
Section 3 of the Act, 1988 prohibits benami transaction, but if the property is purchased in the name of unmarried daughter and wife for their benefits, then same will not be affected by the Act, 1988. Section 4 of the Act, 1988 prohibits filing of suit and claim to enforce any right in respect of any property held benami against the person in whose name the property is held
