Who is owner of the house
Baiju Mehta
(Querist) 14 February 2015
This query is : Resolved
My father had purchased one house during 1962-65 (with his own money - there was no contribution from our Mother [Mother is housewife = not earning member] and elder brother or any one) at Jamnagar in the name of my mother as tradition to buy property in the name of wife. My father has made a will and it indicates equal part for three brothers (Not anything for the 2 sisters as he mentioned that he has already given enough to them). My father was in the Bank as a Manager and my mother was Housewife. At present my father and after mother have expired. My mother has informed every one before she expired that this property will be equal for three brothers. Now, after sometime elder brother comes out with will which is only in his favor and denied to share anything to the remaining two brothers. All family members taken objection and on base of this City Survey office has not register his(Only one name ) name in property card. IssueMy elder brother is also passed away. Before my elder brother died he has made one agreement Dastavej sale of this house to someone. Sale transaction amount is 20.Lacs. Official vale is 4. Cr. This will and Sale transaction both are doubtful.My question is:
Who are the real owner?
Is this Benami transaction?
If yes then under which clause?
Can the remaining two brothers get the share in this property?
If yes then under which clause or Section?
Is legally father's WILL Valid? Document of house is in the Mother. Under which clause?
Is legally mother's WILL Valid? Document of house is in the Mother. Under which clause?
Advocate Kappil Cchandna
(Expert) 15 February 2015
Dear,
At the time when the property was sold, whose names were show to be as owner before the registrar office .... I mean who was shown as the owner before the registrar . bcoz I think the third person who has brought the property was well aware of the fact that your brother has no power to sell, still he bought it ....
Kapil Chandna Adv 9899011450
Anirudh
(Expert) 15 February 2015
Dear Mr. Baiju,
Your mother in whose name the property is registered is the real owner.
Your father purchasing the property in your mother's name does not qualify to be a Benami transaction. (In fact the Benami Act came into force only on 19th day of May, 1988, whereas the property in question was purchased by your father in your mother's name as early as in 1962-65).
Since the property was standing in the name of your mother, your father has no legal right whatsoever to make a WILL relating to the property. (Just because he spent the money in purchasing the property will not give him that right).
Your mother has every legal right to deal with the property. Therefore, if anybody is saying that your mother had written a WILL, then it will all depend upon whether one is able to successfully prove in the court of law the genuineness of the said WILL.
prabhakar singh
(Expert) 15 February 2015
IT IS NOT CLEAR WHO IS THE TESTATOR OF WILL MADE IN YOUR BROTHER FAVOR?
SINCE SALE DEED IS IN YOUR MOTHERS FAVOR ONLY SHE WOULD BE PRESUMED TO BE OWNER.
PRIMA FACIE FATHER'S WILL IS NOT VALID.
ALL THREE BROTHERS AND TWO SISTERS ARE HEIRS OF MOTHER UNDER HINDU SUCCESSION ACT PROVIDED WILL OF MOTHER GOES UNPROVED IN COURT.
THE PERSON HOLDING AGREEMENT TO SALE FROM DECEASED BROTHER WOULD BE BOUND TO PROVE WILL BY WHICH HE CLAIMS RIGHT TO SALE IN DECEASED BROTHER.
Rajendra K Goyal
(Expert) 15 February 2015
_ Your mother was the owner and if she bequeathed the house in favor of your brother he would be owner.
_ Property was purchased in the name of mother, she was owner, no benami now.
_ presently not a benami property.
_ Remaining two brothers along with sister would get the share if the said will from mother is proved fraudulent / set aside by the court.
- Only if will is set aside by the court.
_ Father was not owner of property, his will is irrelevant.
_ Will of mother would be valid till it is set aside by the court on challenge.
P. Venu
(Expert) 15 February 2015
Who had made the will?
T. Kalaiselvan, Advocate
(Expert) 17 February 2015
I agree with the opinions of expert Mr.Anirudh. The mother being the title holder, the fathers will cannot be tenable in law. Upon intestate death of mother, the property will devolve upon all her legal heirs including her daughters, however, if there was a Will purportedly execute by the mother, the same has to be proved by obtaining probate of the same through court, challenge the will.
