Property issue

Querist : Anonymous (Querist) 01 July 2021 This query is : Resolved
My father buyed a property under the name of my elder brother.He buys the plot in 1973 in which he buyed half plot under the name of my mother and half under the name of my elder brother.My elder brother was 24 years old at that time and was working with my father,he did'nt had any source of income.He lives with my father only.So,can i make a claim to that property which was buyed by my father under the name of my brother?

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You cannot claim a share in a property purchased by your father in your elder brother's name in 1973. The Benami Transaction Act of 1988 prevents claims on benami properties. While your father funded the purchase, since it was registered under your brother's and mother's names, he cannot claim ownership. As a third party, you also have no legal standing to claim a share in your brother's portion. If the property was also in your mother's name, you may have a share in her half along with other legal heirs after her passing.

Advocate Bhartesh goyal (Expert) 01 July 2021
No , you can't claim now any share or right over the property bought on the name of your elder brother by your father in the year 1973.you could claim any right or share in property before 1988 but
after came into force of Benami Transaction Act 1988 , no person can claim his right or share in Benami properties.

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kavksatyanarayana (Expert) 01 July 2021
You stated that your father purchased the property in the name of your elder brother and also half plot in the name of your mother, which is correct? If the property was bought in the name of your mother and elder brother, then you have an equal share in the 1/2 share of your mother with other legal heirs only after her. Now you have no right.

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Dr J C Vashista (Expert) 02 July 2021
I agree with the experts.
You can not claim any right in the 1/2 share of your brother, even if he was not earning.

P. Venu (Expert) 02 July 2021
Were you born at the time of purchase?

T. Kalaiselvan, Advocate (Expert) 02 July 2021
Your father might have funded for the purchase of the property but since he bought it on your brother's name as well as your mother's name, your father cannot claim any share in that property.
If your father himself cannot claim any share in that property, you being a third person, do not have any rights or interest in the property hence any claim made by you in this regard would not be maintainable.

ashok kumar singh (Expert) 03 July 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks

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