Benami property
bhuvi garg
(Querist) 29 November 2012
This query is : Resolved
except the family kiths and kins i got it that its benami if u buy in anothers name.but when a father buys property in the name of child,what is it,HOW WILL COURT INTERPRET IT.I WANT TO KNOW JUST WHAT NAME COURT WILL GIVE TO SAID PROPERTY.I AGREE FATHER TO SON IS NOT BENAMI BUT WHAT IS THE NAME OR STATUS OF THAT PROPERTY IS?
NEITHER IT IS GIFT,,I THINK IT REQUIRES CERTAIN WORDS LIKE LOVE N AFFECTION.
NEITHER IT IS RELEASE DEED OR ANY OTHER KIND OF FAMILY SETTELEMENT.
ONLY THE PROPERTY IS JUST PURCHASED IN THE NAME OF SON AND NOTHING BEYOND IT AND TODAY WHEN THE PROPERTIES RATE ARE HIGH AND ALL FAMILY NEED IT, SON IS DENYING TO GIVE(NOT EVEN A SHAARE OF IT)
MY ONLY QUESTION IS WHEN HAD NO MEANS,NO RESOURCES, NO MONEY HOW CAN THE SON PERFECT HIS TITLE ON IT.MERELY THE NAME FIGURES OUT ON REGD DOCUMENT IS SUFFICE?
IF THAT BE THE CASE I WOULD LIKE TO INTO DEEP AND INQUIRE HOW HE GOT THAT MONEY TO PURCHASE THAT PROPERTY.
IF SON FAILS TO SHOW IF HE TRIES TO PROVE IT THAT HE HIMSELF PURCHASED IT AND HE FAILS IN IT, WHAT WUD BE THE FATE OF THAT PROPERTY.
PLZ PROVIDE A RELIABLE ANSWER WHY IT CAN NOT BE STYLED AS BENAMI,ON WHAT BASIS SON HAS GOT TITLE,MERELY BECOZ OF NAME ON REGD DOCUMENT.
DONT WE SEE SOMETHING IS WRONG IN IT.
PLS TAKE INTEREST AND GIVE AN WELL THOUGHT OUT ANSWER SO THAT I CAN DIGEST THAT REPLY.
TNX
Devajyoti Barman
(Expert) 29 November 2012
You can file a a suit under Benami Transaction Act to declare this your own.
Properties purchased in the name of minor children and wife can be declared benami property.
bhuvi garg
(Querist) 29 November 2012
thanks but what is the provision and is there any case laws recently.
Raj Kumar Makkad
(Expert) 29 November 2012
Mr. Garg! The person who appears owners in the title deed/sale deed is the only its owner apart from the fact that he was not having any money at the time when such property was purchased and whole amount was incurred by his father.
Benami Transaction Abolition Act is already in operation in India which clearly establishes that such property only and only belongs to the person shown as owner in the relevant record.
So I completely differ with the opinion of Barman.
bhuvi garg
(Querist) 30 November 2012
any difference of opinion with mr makkad,,,burman ji.
ajay sethi
(Expert) 30 November 2012
Section 4 of the Act, 1988 prohibits filing of suit and claim to enforce any right in respect of any property held benami against the person in whose name the property is held.
Section 3 of the Act, 1988 prohibits benami transaction which reads as under:-
"3. Prohibition of benami transactions.-(1) No person shall enter into any benami transaction.
(2) Nothing in sub-section (1) shall apply to- (a) the purchase of property by any person in the name of his wife or unmarried daughter and it shall be presumed, unless the contrary is proved, that the said property had been purchased for the benefit of the wife or the unmarried daughter;
in the present case property purchased in name of son . hence provisions of benami transaction act applies . son is ower of said property.
bhuvi garg
(Querist) 30 November 2012
thanks sethi ji firstly but looking sec-4 it seeems it debars filing of suit.but looking sec-3 it seems it alllows action becoz the word used is WIFE & UNMARRIED DAUGHTER.
i m talking abt a situation when father purchased property in the name of unmarried son.
i think something is doubtful.
