Dear All, I like to know that whether a house property which was purchase by (say for e.g.) Mr. X (Purchaser) from Mr Y (Vendor) and the consideration for the same is made by Mr X through Demand Drafts in favour of the Vendor (Mr Y) and the Deed of Registration for transfer of title was executed between Mr X and Mr Y in the year 1985.
However, after two month in the year 1985 itself Mr X (the purchaser) had entered into a convayance namely "DEED OF RELEASE" where he had released the said house property as mentioned earlier in the name of Mrs Z who has no family relation with Mr X (Purchaser) nor her name was mentioned anywhere in the Title Deed as Co-owner or an interested party in the puchase deed of transfered House property. Further, in the "DEED OF RELEASE" it is mentioned that the Releasor i.e. Mr X (Purchaser) is only a Benamidar and the consideration for Purchase of the House Property was provided by Mrs Z (Releasee, who is not a relative of Mr X and even the religion of Mr X is Hinduism and Mrs Z is Islam and no where in the Purchase deed between Mr. X and Mr Y any disclosure has been made that the property was purchased by Mr X from the money provided by Mrs Z).
Now my questions are as follows:-
Q1) Whether transfer of title can be made by executing "DEED OF RELEASE" where a property was purchased in the name of Benamidar?
Q2) Whether Mr X in the given case will be considered as Benamidar where no such mentioning is there in the Deed of Transfer of title between Mr. X and Mr Y (Vendor)?
Q3) Whether through "DEED OF RELEASE" one can release the right in the property in favour of a person who is neither his relative nor the Co-owner of the property?
Note: Please answer the above question by taking into consideration Benami Property Transactions Act of 1988 and kindly substantiate your answer with referance of relevant case laws.
