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sangeeta sharma (cfo)     07 August 2014

Please help this helpless sister on rakhi

please help me out legal experts.

after death of my father my brother has started misbehaving and intimidating my  mother and shouts at her every now and then.he resides in house which is not his self earned  but plot was purchased on his name(bought by parents as both were working and my brother was minor and not earning at that time).can my mother and i ask for partion right or claim our right under HINDU SUCESSION ACT 2005.we dont want any maintainance from him as my mother is pensioner.


please help me legal experts how to approch legal system


 5 Replies

Dibakar Ray (Advocate.)     07 August 2014

Hi Sangeeta,

As per terms of the Benami Transaction (Prohibition) Act, 1988, you or your mother can not claim any share in the property which is at present in the name of your brother.

natasha sinha (ceo)     08 August 2014

but sir can a minor buy property in such contract valid.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     08 August 2014

Are you younger to or older than your brother?  Are you married?  Is your brother married? Who financed the purchase of the house, your father, mother or both?

Your parents cannot give everything to your brother and leave you high and dry. Unless your parents have also given you  something equivalent, you can say that your parents were unfair to you.

Let the law say anything. If you are not married it was the duty of your parents to give you a home on independent or shared basis to live peacefully. If you are not married your brother cannot evict you from the house. If he does not allow you to live peacefully in the house you can demand a separate accommodation. Your mother also can claim separate residence if she cannot on her own afford it. She has a right as widow of your father. She has also the right,  if she had herself financed the purchase of the house.

Every person has a right for a peaceful life. No law can deny you that right. Any way things will also depend on answer to my questions.

natasha sinha (ceo)     08 August 2014

if property is purchased in minor name form joint family fund .who is the owner

sangeeta sharma (cfo)     09 August 2014

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 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

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