minor property
Querist :
Anonymous
(Querist) 15 November 2009
This query is : Resolved
My name is kalyani 26yrs residing chennai. my father purchased all lands in the name of elder brother when he was minor [ at the age of 10yrs].since my father considers my elder brother birth had given luck in his life,he had habbit to purchase to all property in his name though he was minor.Last year my father suddenly died in accident without divinding all the property's.Right now me and younger brother requested the elder brother divide the all the property equally but he refuses give those property saying that all the property in his names.
Me and younger brother totally disappointed with the elder brother sudden changes in his attitude after my father death.kindly give advice regarding this problem
rgds,
kalyani
adv. rajeev ( rajoo )
(Expert) 15 November 2009
Go for suir for partition and seperate possession of 1/4th share i.e., u, ur both brothers and ur mother.
ur father purchased the property in ur brother name only.
Your brother had no income because he was minor at the time of purchase of the property.
Hence file a suit for partition and seperate possession and file an IA restraining him from alienating the properties.
When properties were in his name he is the absolute owner of the property. Burden lies on you properties were purchased by ur deceased father only in the name of ur minor brother
Raj Kumar Makkad
(Expert) 15 November 2009
I do not agree with Rajeev. Definitely the person whose name the property is registered is the true and exclusive owner of the property. In your case your elder brother is the exclusive and the only rightful owner of all the properties left by your father in his name as the law of benami transaction has no existence in India now. You can do nothing in this matter.
Guest
(Expert) 15 November 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING PROPERTY MATTER KINDLY NOTE THAT
1.YOU MAY FILE A SUIT FOR PARTITION OF PROPERTY AS FATHER HAS PURCHASED THE SAID PROPERTY WHEN YOUR BROTHER WAS MINOR.
YOU WILL SUCCEED.
2.YOU MAY FILE SUIT FOR INJUNCTION AND GET INJUNCTION (STAY) ORDER AGAINST YOUR BROTHER AND PROHIBIT HIM FROM SALE TRANSFER ASSIGN OR LEASE THE SAID PROPERTY.YOU MAY SEND NOTICE TO THE LOCAL CITY SURVEY AND LAND RECORDS DEPT AND GET YOUR OBJECTION ON SALE OF SAID PROPERTY NOTED ON THE PROPERTY RECORDS.IT WILL PREVENT ALL SALE AND TRANSFERS OF SAID PROPERTY.YOU MAY ALSO PUBLISH A PUBLIC NOTICE IN NEWS PAPERS ABOUT NOT TO ENTER IN TO ANY AGREEMENT OF SALE OR TRANSFER OF SAID PROPERTY AS DISPUTE PENDING IN COURT.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY SEND DETAILS OR WRITE OR CALL
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Y V Vishweshwar Rao
(Expert) 15 November 2009
I agree with MR Rajjev S Vadrali & Mr Sawanth !
The Binami Trasaction Act prohibition may not apply in the trasanctoins btween family members and if it is a fact that the father purchased the proerty with family funds in the name of his Elder minor son !
niranjan
(Expert) 15 November 2009
I think Mr. Makkadsir is right,because even if it is clear that your minor brother had no souce of income and the properties are purchased by your father,even in thatcase when the property is self acuired by your father, it can be said that he wanted to give property to his this son only,so the suit may be filed,but you have to show that theintention was for thewhole family and not for benefit of brothefr only.
