Rights on property
Manish Gupta
(Querist) 28 June 2012
This query is : Resolved
Sir,
My parents got married in 1976, both were in Govt. Job. After marriage they started a new life with empty hands and both were mutually agreed that my mother will handle the family responsibilities like home expenses and me and my younger brother’s all responsibilities (means to say my father didn’t spent single money for home managing and our responsibilities) and my father told that he will save the money for future responsibilities like carrier of us, marriage and for own home build.
With this mutual understanding they started the life. In Year 1981 my mother got some opportunity to buy a Plot of 135 sqr yrd. In delhi but my father said he don’t have money so my mother arranged money for that and in a good faith that plot purchased by my father’s name and after that my father build that home step by step by saving or his salary and my mother were concentrate in home managing and on our responsibilities by her all salary.
After some time the relation between my mother and father crashed due to some unethical relations of my father with other women and due to that relations my father frequently tortured my mother for that and there is a separation created between them but my mother lived together and my mother fulfilled all responsibilities for the sack of our future.
But the story turned in Year 2000 when I ready to become married. At date time my father refused to do marriage and said you can’t live in his house and we try our best to make him understand but he refused to change his decision after that my mother did my marriage independently and after marriage he kicked out me from house now in am leaving in other place on rent.
Now my father and mother both are retired and in our house there are three floors, in ground floor is on rent (rent income goes to my father), in 1st floor my father leaving alone and on 2nd floor my mother lived with my younger brother separately and time by time my father harass my mother mentally and physically and my mother has no money because she spent all money in house managing. Now we are feeling cheated form our father because it’s a fact if my mother not spent her money in house managing so my father were not able to build all property.
Please advice what should we do because now we are almost on the road with empty hands.
Adv.R.P.Chugh
(Expert) 28 June 2012
This is known as 'benami' in the eyes of law, where a person is the real owner having ocntributed the funds etc (your mother in this case) but the property is purchased in the name of a name lender (father). Normally such name lender becomes the owner of the property and property cannot be recovered from him. However in certain situations where between the real owner and benami owner a fiduciary relationship exists - a relationship of utmost trust and faith - and property is held for benefit of family members (you) hence property can be sought to be claimed on this ground.
Feel free to talk !
Sankaranarayanan
(Expert) 28 June 2012
What you going to ask here. Is your need seperation. If want then file petition. Ot file complaint under DV. Is your mother get pension from department
