my father allotted to property name son of brother year 1971. that time his age 9 year. when he majority he executed instrument favour in my father that my father pay money for this property and and he can use , sale this property .now dear 2018 he tried to forcefully position but he is not succeed then he launched FIR against my father police submit report in court that FIR is false and admit my position.
now he file suit against my father recovery of possession and he admitted in so that my father .
my question is that it is prohibited in benami transaction what should I defence.
I'm sorry to hear about the legal troubles you're facing. Here's a possible defense strategy that might be helpful to you in this situation. :-
1. Challenge the Benami Transaction Claim : Under the **Benami Transactions (Prohibition) Act, 1988**, no defense based on any right in respect of property held benami is allowed ACT, 1988 - ATFP] . However, you can argue that the property was not held benami, but was genuinely transferred to your father's son with the intention of providing him with a home.
2. Present Evidence of Genuine Transfer : Gather all available evidence to show that the transfer was genuine and not a benami transaction. This could include documents, witness testimonies, and any other relevant information.
3. Legal Representation : Consult with a lawyer who specializes in property and inheritance law. They can help you build a strong defense and navigate the legal complexities.
4. Court Proceedings : Be prepared to present your case in court and defend your position against the claims made by your father-in-law's elder son.
It's important to seek legal advice to ensure you're taking the right steps and presenting a strong defense.
