Benami property
mukesh jain
(Querist) 30 June 2012
This query is : Resolved
my father purchased a property and registered in our mothers name. payment was made through my fathers a/c cheque in 1967.it is mentioned in the registry of the land.our father died without will, the same property is still in the name of our fathers name in revenu record and nagar nigam. can i or my childrens,can claim our partition. i am residing in the same house with my family and three brothers.or what is my legal status.
Sailesh Kumar Shah
(Expert) 30 June 2012
your query is conflicting !
First, you have mentioned that property purchased in the name of mother.
Second, you have also mentioned that property is in the name of your father in revenue records.
It seems that some facts are missing.
niranjan
(Expert) 30 June 2012
If your mother is alive you cannot seek any partition.
K.K.Ganguly
(Expert) 01 July 2012
If your mother is alive & she wants to transfer the property to any of your brothers then you can file a partition suit claiming that the property is of father & is a benami Property. It would not have been possible had the property been purchased after 1988. However, if she is no more then also you can ask for partition.
