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Samuel Fisher (Service)     25 August 2013

Benami property bought in brother's name

hi, i need to know the following -

if a person buys benami property in brother's name and after his death, the brother is not willing to take responsibility for the property anymore, is there a way to transfer the same to the deceased person's wife, through a court settlement? the brother has agreed to declare himself as an ostensible owner.


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     25 August 2013

the brother in whose name the property is purchased,  he may execute a gift deed in favour of his brother's wife.  it is a suggestion.

1 Like

S Jadhav 98336 98330 (Jadhav & Associates)     25 August 2013

Benami property holding is not allowed in India now. If you mention the property as benami, then the government has full right to take it over as per the procedure of law.

Assuming the brother was a genuine buyer and now wants to transfer the property in the favour of the wife of the deceased, he can do so by way of a registered gift deed and paying stamp duty (which is lower as it is a gift to a relative)

You don't have to go to Court if there is no dispute. Courts exist generally to resolve disputes and in this case there appears to be no dispute.

1 Like

Samuel Fisher (Service)     25 August 2013

actually other occupants reside in the other flats of the building and they are neither mutating their flats, nor paying taxes, nor showing either of us any proof of their ownership. hence, as the whole property is in his name in municipal records, he has to gift the whole property to us.

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