Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Lifeisgreat (None)     10 April 2014

Request for help : regarding property ownership

Experts, I need advise on following scenario.

Example is say Person A booked a residential property in up coming scheme.  Person A paid almost 70-80% of total cost of property from bank account. However Prior to possession and execution of sale deed, person A entered into metrimonial dispute and A decided not to register property in own name. Hence Mother of A, Mrs. B paid remaining 20-30% of cost of property and later sale deed was executed in name of Mrs. B.

Later 70-80% amount paid by A was not paid back by Mrs. B hence even after 2 years of sale deed, ideally 80% of property  cost is paid by A.

I want to know is that despite of Mrs. B having title in her name, does Person A has any right over the property? If yes, under which law and acts?

If Person A demands property from spouse stating that A has no property, is it a legally valid statement?


 2 Replies

HIRAL THAKKAR (ADVOCATE )     10 April 2014

In whose name receipt if signed by the receiver of money.?

If the property is registered in a persons name his the sole owner of the property as having the title. Benami transactions are no more in force.

1 Like

Lifeisgreat (None)     10 April 2014

I am not sure in whose name receipt is, but there is obvious reason to believe that it is in name or PERSON A.

It may have been disclosed at relevent department but fact is payment is made by PERSON A and owner is Mrs. B who has either not paid any money or very minor sum.

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