Benami transactions between husband and wife
cddevaraj
(Querist) 25 February 2015
This query is : Resolved
Dear sir
My wife father purchased residential property in 1956 in the name of his wife ,she is house wife ,married in 1943 ,he is old car dealer ,paid Rs 5000-00 for site and constructed new building spent more than one Lack ,all children born before 1956 and he given good education to all children (two son ,three daughters ,) he died in 1972 ,2013 August daughters sent lawyer notice to mother for equal share ,she not replied and executed gift deed to daughter in laws in 2013 September , after daughters filed Civi suit ,then she replied and claiming property is self acquired and fund paid by his father ,her father died in 1943 ,retired Rly staff clerk, please give advice
With regards
C.D.Devaraj
Anirudh
(Expert) 25 February 2015
The mother is right. The property is her absolute personal property. She is entitled to do whatever she wants to do with the property. NOBODY CAN QUESTION HER SAID LEGAL RIGHT. Nobody else, including her daughters, has any right in the said property.
Guest
(Expert) 25 February 2015
By sending legal notice to their mother, I believe that your wife and her sisters have adopted a wrong course of action. What love and affection can do in mother-daughter relations that cannot be expected to be accomplished through litigation.
Anyway, if you, your wife or her sisters have any doubt about the title of property, your wife and her sisters will have to bring on record some cogent evidence to prove that the property was not self aquired property of her mother.
Rajendra K Goyal
(Expert) 25 February 2015
The mother of your wife is absolute owner of property and she can sell / gift / will / mortgage it as per her wish. The case from daughters has no merit in the given facts.
cddevaraj
(Querist) 25 February 2015
Thank you Sir,
She is only house wife and she do not have any proof about her investment ,she simply telling all papers are old and spoiled ,before notice all daughters are requested her mother for amicable settlement ,she refused .now she has to prove her investment is required or not ,please suggest .
C.D.Devaraj
Guest
(Expert) 25 February 2015
Mr. Devaraj,
Your contention, "now she has to prove her investment" is quite untenable. It is not she, who has to prove her investment. The onus of proof lies on the petitioners to prove their stand.
In my earlier reply I did not talk about proof with your wife's mother. Proof of benami has to be produced by the petitioners to prove their claim, not the defendant. The defendant could not think even to the slightest extent that her own daughters would drag her in the court of law after 59 years of purchase of property to think of keeping the proof of her investment.
cddevaraj
(Querist) 26 February 2015
Thank you sir,
My mother in law she is house wife from the day of marriage ,any savings only from husband paid money ,he constructed new building with spending more than a lack ,he purchased property in the name of wife only on love and affection and good will , daughters do not have any proof like mother ,how the court will come to judgment if both are no proof of evidence
Guest
(Expert) 26 February 2015
Whatever be the source of funding for purchase of property, the position cannot change now, as per the description of your problem.
In my views, all the sisters have shut the door of their luck themselves by making haste by claiming shares in property that too by serving legal notice to their mother. Otherwise they would have become entitled to their shares after death of their mother, as the event of gift deed would not have happened if patience would have been kept by them.
cddevaraj
(Querist) 26 February 2015
Dear sir,
All daughters requested humbly small amount from mother ,she refused by the influence of her son ,first she executed will in favour of his son ,after daughters lawyer notice ,she immediately cancel the will and executed gift deed in favour of two daughter in laws,any provision to challenge this gift deed and thank for your previous advice
Anirudh
(Expert) 26 February 2015
Forget about your father in law or mother in law.
Suppose you purchase a property, by paying lakhs and lakhs of rupees, in the name of your son (who is a minor) can you take back the property from him without his consent?
The property which you purchased in your son's name is your property or your son's property?
Please answer the above simple question.
Guest
(Expert) 26 February 2015
Mr. Devaraj,
Question of Shri Anirudh is quite valid. Would your son or even your own wife like to share any part of the property purchased by you in his/her name with any one else?
There is no use now to harp the same tune time and again, except repenting over the wrong steps taken by your wife and her sisters, when all of them have sealed their fate collectively by their own hands.
cddevaraj
(Querist) 28 February 2015
Dear sir,
Thanks for your guidance ,now my mother in law has to prove her source of income in court is required or not ,daughters only responsible to prove in the court is very difficult,please what is the solution
Devaraj
Guest
(Expert) 28 February 2015
You are desperately stretching the thread. Your mother in law nothing to prove. Only the petitioners have to prove whatever they want.
Anirudh
(Expert) 28 February 2015
Assume that somebody is a begger in the street. Your father-in-law gives the entire money and purchases a property in the name of that begger. Now tell me, who is the owner of the property?
Rajendra K Goyal
(Expert) 17 October 2016
You have raised many queries, putting the same in different manner/ words / heading in respect of referred disputed land, Nothing concrete can be advised without referring all related documents. It is advised to consult local lawyer show him all documents and discuss in detail provided it is not a academic problem.
Unregistered partition settlement
http://www.lawyersclubindia.com/experts/Unregistered-partition-settlement--620236.asp
Grandfather purchased property
http://www.lawyersclubindia.com/experts/Grandfather-purchased-property--619521.asp
Claims of original deed
http://www.lawyersclubindia.com/experts/Claims-of-original-deed--619301.asp
Adverse possession
http://www.lawyersclubindia.com/experts/Adverse-possession--618081.asp
Family land dispute
http://www.lawyersclubindia.com/experts/Family-land-dispute--618001.asp
Benami transactions between husband and wife
http://www.lawyersclubindia.com/experts/Benami-transactions-between-husband-and-wife-525201.asp
