Property claim
anonymous1
(Querist) 08 July 2013
This query is : Resolved
Hi ,
My father had purchased a property,but the only mistake he did was that he put the property in my brothers namehe was unmarried and at that time to get married ahe had to prove that he had something to get married, as a result my dad did this in good faith.The receipts , agreement everything was made by the builder was in my brothers name.but all the payments were made by my father and from his bank account.no payment was ever made by my brother nor the money was paid from his bank account, as he was not in the country.the entire payment was made by my father and he also has the receipts for the same , but in the name of my brother.now since the property is in my brothers name his name his wife claims that the property belongs to her, as he being the husband and she has equal rights.now my father has claimed in court that since he did not pay for the flat purchased how could he be the owner, as the payment was entirely made by him.my brother and his wife claims that he has paid the money but he has no records , nor does he have the agreement copy, nor does he have the receipts.after my father claims for the property in court he has now gone to tyhe extent of making a sale deed which I dont know how he has managed to do without the original agreement.the builder also claims he has no agreement copy.no one know where the sale agreement copy is.then how is the sale deed done.what I feel is that the builder and my brother have got together and done some fraud in teh documents to claim the flat.can someone plesae help and assist how this could be solved and how can he and his wife could claim to be the owner of the property.
Kiran Kumar
(Expert) 08 July 2013
If the documentary evidence is in favour of your brother then it may be difficult for your father to prove his case.
Better settle the matter within family.
Raj Kumar Makkad
(Expert) 09 July 2013
There is no concept of benami transaction in India. Who so ever is shown as owner in the title-deed, is the exclusive owner to that property irrespective of the fact, who paid the money for that purchase so your brother is owner to that property and he has rightly sold it.
