Benami or wat
kavita.sharma
(Querist) 19 May 2012
This query is : Resolved
father pusrchased plot in the name of son then was a child not earning.now son is married but still not earning and without job.does father have any claim in the plot which is in sons name.7 or 8 years passed so far since the deal.
one more thing- plot is still a plot.no construction is done over it meaning thereby son lack money to build it.does this fact that son dont have any money not show that it is benami.
WHETHER FATHER HAVE ANY CLAIM BE IT BENAMI OR CALLED BY ANY NAME?
THANKS
kavita.sharma
(Querist) 19 May 2012
pls tell me wat could be done.
ashok kumar singh
(Expert) 19 May 2012
plot is in the name of son, and will be in the name of son, unless the son transferred the said plot to any one, by way of Sale Deed, or Deed of Conveyance, Deed of Gift, etc. Father may use or enjoy the said plot of son as a licensee.
Adv.R.P.Chugh
(Expert) 19 May 2012
The transaction is indeniably a benami one, normally no suit lies to recover property on ground of being held benami, but there are exceptions like where a coparcenor holds property in his own name for benefit of all, or a person holds such property in trust for other people with whom he has a fiduciary relationship, if such grounds can be made out, then bar of benami can be overcome and property can be sought to be recovered.
Shonee Kapoor
(Expert) 19 May 2012
nothing to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
kavita.sharma
(Querist) 19 May 2012
my claim is watever money i paid since should be given back to me without interest.is this claim tenable.
kavita.sharma
(Querist) 20 May 2012
QUERY IS NOT SOLVED PROPERLY.
ashutosh mishra
(Expert) 20 May 2012
Dear Kavita!
None of us would have so many questions if the following provisions of The Benami Transactions (Prohibition) Act is gone through:
"3. Prohibition of benami transactions-
(1) No person shall enter into any benami transaction.
(2) Nothing in sub-section (1) shall apply to 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.
(3) Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2of 1974), an offence under this section shall be non-cognizable and bailable."
Hence even if son was minor and father paid the consideration,the son is owner and father does not have any title in the plot.
With due respect i differ with opinions holding any other view than one held by me.
kavita.sharma
(Querist) 20 May 2012
I FULLY AGREE WITH U ASHUTOS BUT THERE IS CHECK IMPOSED UPON SUCH MINOR SONS THAT HE WILL USE IT FOR HIS BENIFIT AND IN CASE SELL IT THE REAL OWNER MUST CONCUR IN IT.
