Learn Trademark Filing Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

annapurna (PG)     12 August 2012

Will

 

my father is L.L.M.,and notary lawyer.we two brothers are legal heirs of my father .we both were doctors.my brother was settled in abroad.my mother expired in 1995.father expired suddenly.He Wrote a full pledged unregistered will asking us to share the building. The building land was purchased in the name of my brother when his age is 9 years.now my brother who is in abroad till now saying that it is a minor property of him.and now as he is major and wants to hand over the building.he also saying that he did not gave the permission to my father to share the building.the will is in valid and dose not carry any value.is it true.?my father clearly said that in the will that he purchased in the name of him, and by his self acquired money he constructed the building.now what to do?will does not carry any value?how to implement the will?  


 3 Replies

N.K.Assumi (Advocate)     12 August 2012

The will is valid. Your father might have purchased in the name of your brother but it does not mean that it belongs to your brother, as it was purchased by your father and his Will will be final, provided the Will is validly executed.

2 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     12 August 2012

This is known as a Benami Transfer. Where one person pays the consideration (real owner) but the property is brought in some other person's name (benami owner), this is illegal practice, and the benami owner becomes the real owner for all purposes, which in your case is the brother. However to circumvent this sub section (3) of S.4 of Benami Act would  come to your rescue. See a lawyer a person who would help you understand better. 

3 Like

Ripudaman A (unemployed)     12 August 2012

Conveyance of property can not be revoked even it is benami ( person is not fictitious in this case). I think, property- holder-brother should transfer by way of conveyance respective shares to other legal representatives by paying actual stamp duty to fulfil the wish of the father. If he does not want to transfer, then other brothers are unlikely to get legal relief.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register