Suit for declaration/benami
Ananda
(Querist) 12 September 2024
This query is : Resolved
Sirs,
If a Person purchases a property in his name and after few years Person GIFTS (REGISTERED) to his Parent for some reasons.
Later after few years if that Parent expires, can the Person file suit for declaration under benami? As per my understanding benami is when your fund the purchase under a different name. In this case it is claiming a gifted property after demise.
There are other legal heirs.
thanks
A
T. Kalaiselvan, Advocate
(Expert) 12 September 2024
No suit or case is maintainable either for declaration or any other reason to retrieve the property.
After transferring the property to parents, it becomes their own and absolute property hence such whimsical ideas will not be entertained by court and there is no provision in law for any such claim.
kavksatyanarayana
(Expert) 12 September 2024
It has already replied to. a repeated query.
