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Gujarat land ceiling act and property ownership

(Querist) 19 May 2012 This query is : Resolved 
My father put part of his agricultural land in my brother's name although funds to purchase land came from my father's personal earnings due to the land ceiling act with the oral understanding that the land belongs to my father.

My father has since died. And so has my brother. My father's will left all his property to my mother. Who would be considered the legal owner of the land under my brother's name.

Also, Is this land considered Benami?

Thanks.
ashutosh mishra (Expert) 20 May 2012
Your brother would be deemed to have died as owner of this property and not your father and it would not be called benami of your father and will by your father shall not cover this property.
Shonee Kapoor (Expert) 20 May 2012
The property of your brother would go as per the law of succession to his legal heirs and not that of your father's legal heirs.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com


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