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Surya kkkkk (software engineer)     15 February 2010

Hi Property issue,Pls help

Hi,

 

My father sold my grand father property and buyed another property in name of my mother some thing like "my mother's name" W/O "my father's name"

My father and mother gaved me in written on stamp  that property purchased  is with my grand fathers property money.

QUERY:Can I claim property share (Partition suite)stating that property is buyed with my grand father money.



Learning

 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     15 February 2010

You cannot claim during the lifetime of your mother. In India there is an Act called Benami Transaction Abolition Act which says that the property belongs to the person in whose name it stands though it may have been purchased by way of cost incurred by some other person so it has nothing to do who contributed in purchasing the money rather fact is that the whole property now stands in the nam of your mother as her self acquired property and she is free to dispose off it in the name of any person including you.

Meenakshi (Lawyer)     15 February 2010

Raj Sir is absolutely right.......

A V Vishal (Advocate)     15 February 2010

I think I will differ with the views of the learned members in view of  Sub-section (2) of section 3 of the Benami Transactions (Prohibition) Act, 1988 will not save acquisition of property in the name of wife of a corparcener by the by the joint family as it is a benami transaction; Rameshwar Mistry v. Babulal Mistry, AIR 1991 Pat 53.

Daksh (Student)     17 February 2010

Mr.Punnam Sudheer,

My view on the issue differ altogether for the following reasons.

If the property is a inherited one and at the time of its disposal if you have come in the existence then you have a right in the property (which for  the reason of you being minor stand exercised by your parents).

Now after attaining the majority you have a valuable right vested to seek by way of declaratory right by filing civil suit in this regard.  Be it may be but the fact of registration of the same does not come in your way for the reason that after attaining majority you can very well claim your right as per your sweet will.

Best Regards

Daksh

Parvez Qureshi (Officer)     18 February 2010

hi,

 I am rented my house recently for commercial use.However my society says that i cannot rent house for commercial use as per LAW as it is residential society.

However in my residential society there are Flats which are rented for commercial use and also we have couple of flats which are bought outright and they are used for commercial purpose.And we have couple flat owners who are using flats office -cum-residential.

Is there any such which disallows residential property to reny for commerical, if yes , kindly explain and gave me references.

vishnu vardhana rao (Advocate-Notary)     27 February 2010

Raj kumar sir gave correct advise -fact is that the whole property now stands in the name of your mother as her self acquired property and she is free to dispose off it in the name of any person including you.

lawyer vishnu
 

Imran Desai (Partner)     31 October 2011

Respected Sir

I have few queries and would feel obliged if answered

First Can prometer buy a agriculture land in his name to form a housing co-oprative society even though prometer is not a farmer.

Can a land be purchased in the name of Society which is not regesitered/ which is deemed to be regeistedred. in my case the agriculture land has been purchased in 1975 in the name of the society. and said society is being regeisted in 1980. is valid??

The society further convereted the said land for non agri without any common plot. is there any provision to do so


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