Land laws
CA Yogesh Satpute
(Querist) 24 August 2011
This query is : Resolved
1) whether land purchased in the name of minor son (say mr X) by father out of his (fathers)income is benami transaction ?
2) on attaining majority of Mr. X who will be the real owner, as the property was purchased out of fathers income ?
3) can other brothers of mr. X claim their right on the same land as it was purchased by their father when Mr. X was minor, now he is major. ?
prabhakar singh
(Expert) 24 August 2011
1)yes, if so proved,as if guardian in sale deed in favor of x if being some one else than father himself, x can plead a cash gift from father and proprty as hid own,a quite probable case!.
2) father
3)yes
But all this is subject to prove and suit from other brothers must come with in 12 years after x attains majority, so that x may not claim title by adverse possession .
one should not wait limitation to run and file the suit forthwith in present scenario without any delay.
