Benami asset
Athar Ahsan
(Querist) 21 July 2016
This query is : Resolved
Hi, We had a property purchased in 1988 in our aunt name who later declined to settle with us and henceforth the property is with us only. The consideration amout was paid by us only. Is their any simple way to get the property registerd in our name now. My aunt & uncle is dead now and their kids (my cousins) are in different cities. I am afraid if they come to know about this they will claim this property which is our and in our possession for last 21 years
Kumar Doab
(Expert) 22 July 2016
You are right.
The legal heirs are the owners.
P. Venu
(Expert) 22 July 2016
"We had a property purchased in 1988"! But still, after 30 years you are still a "student"?
Advocate Bhartesh goyal
(Expert) 22 July 2016
After enforcement of Benami Transaction Act,you can't claim the title of property irrespective of the fact that you are in possession of property.Your cousins are now the owner of the property.Try to settle the problem with your cousins.
Dr J C Vashista
(Expert) 23 July 2016
Well advised by experts, I agree.
The author is a "student of Finance" an anonymous person.
The transaction is "Benami", registered in the year 1988 and waking up in the year 2016.
Hence you will have to digest/compromise with the circumstances.
otherwise, contact, consult and engage a local lawyer.
Kumar Doab
(Expert) 23 July 2016
The adverse possession may also not help you;
There are many threads on it at LCI e.g:
http://www.lawyersclubindia.com/experts/Property-law-601596.asp
If there is irrefutable evidence of having paid the consideration amount of the property, try by showing everything to your able counsel for a considered opinion if the amount can be recovered from estate of deceased, IF the claim is not barred by limitation.
Engage a very able counsel for further advise.
Rajendra K Goyal
(Expert) 23 July 2016
Try to have amicable settlement.
Property is in the name of your aunt, after her, her legal heirs would inherit the property. You can claim money paid, in fact claim of which is also time barred.
