Can mother sell property registered in her name when property is earned by her husband .
How can child stop her mother from selling property earned by father.
tyty (adfsa) 11 January 2012
Can mother sell property registered in her name when property is earned by her husband .
How can child stop her mother from selling property earned by father.
sridhar pasumarthy (ADVOCATE) 12 January 2012
Dear tyty,
The transaction covered by ur query is Benami Transaction.
As per law, when a husband purchases an immovable property in the name of his wife or unmarried daughter, it is to be presumed that the said property was purchased for their benefit unless contrary is proved.
So, child has to file a suit for partition stating that the property standing in the name of the mother does not belong to her and the consideration was paid by the father. Entire burden lies upon the child to prove the benami transaction to succeed in such a suit.
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