property conveyance
company worker
(Querist) 29 April 2009
This query is : Resolved
My Father bought some property in the name of my sister when she is 3 years old.Sale deed is in the name of my sister.Now my sister is major and she is trying to sell the property.I need experts valuable opinion.1.What is the nature of the property ? 2. Is it self earned or ancestral? 3.Is my sisters children can claim equal share in the property? 4.Is my father have the right to claim back the property? Is nature of the property changes according to the conveyance?
n.k.sarin
(Expert) 29 April 2009
Mr. Vijayan ,it is niether self earn nor ancestral. This is called Benami transaction.The actual owener of the said property is your father.The importent thing is what is the intention of your father at the time of making sale deed in the name of your sister and what is the terms and conditon of the said sale deed.In some circumstances Your father has the right to claim back the said property.If the said sale deed remains in existence and nobody challenge it. your sister has right to sell the same.
sanjeev murthy desai
(Expert) 29 April 2009
Dear Vijayan,
the Benami transaction prohibtion act 1988 states that no person shall enter in to any benami transactions. But it is also exempts the purchase of the property by any person in the name of his wife or unmarried daughter from the operation of the provisions of this act. ( NandaKishore Mehra V/s Sushila Mehra AIR 1995 SC 2145) Mahalingappa V/s G. M. Savitha 2005 SCC (6) 441.
And co-percenary and joint family property is also not affected by this act. So a property can be purchased by a person in the name of his wife or daughter they cannot latter on plead that they are real owners.
A V Vishal
(Expert) 29 April 2009
Dear Vijayan,
The property was purchased in the name of the minor and on attainment of majority, your sister has full rights over the same, what ever is the fact. Your sister can dispose her property as per her choice, you or your father have no claim whatsoever legally.
Jaswant Singh
(Expert) 29 April 2009
1.What is the nature of the property ?
Ans. Your sister has the ownership rights and title in terms of Sale Deed
2. Is it self earned or ancestral?
Ans: No. Neither self earned or ancestral
3.Is my sisters children can claim equal share in the property?
Ans : Yes
4.Is my father have the right to claim back the property?
Ans It depend upon the terms and conditions of Sale Deed
Is nature of the property changes according to the conveyance
Ans Yes if it is mutually ageed between the Vendor and Vendee
Sachin Bhatia
(Expert) 01 October 2009
Your sister has full rights over the property. Your sister can dispose her property in any manner.
