It is a BENAMI transaction indeniably, because minor can never have such funds to acquire property, and normal rule is any suit to recover property held benami is not maintainable due to statutory bar laid down in S.3 (which entails rejection u/o 7 R11) However there is an exception carved out in S.4 of the same act which says that where a property is held by a coparcener of a Hindu Undivided Family, for the benefit of other coparcenors then the same may be recovered.
the house was constructed by my parents for the benefit of the family .my brother has given no objection to my parents for building house for family.so it was not to be covered under benami trnsaction clause is
Under the provisions of the proposed Bill, when property is held by a Karta or a member of HUF for benefit of members of HUF or when property is held by a person standing in a fiduciary capacity for the benefit of another person (including a trustee, executor, partner, agent, director of a company or legal advisor, a depository participant or any other person as may be notified), the transaction is not included in the definition of ―benami transaction‖. Further, a benami transaction in the name of spouse, brother or sister or any lineal ascendant or descendant is not proposed to be prohibited. All other benami transactions are proposed to be prohibited.
whats your opinion sir