Suit for declaration/benami

Ananda (Querist) 12 September 2024 This query is : Resolved
Sirs,
If a Person purchases a property in his name and after few years Person GIFTS (REGISTERED) to his Parent for some reasons.
Later after few years if that Parent expires, can the Person file suit for declaration under benami? As per my understanding benami is when your fund the purchase under a different name. In this case it is claiming a gifted property after demise.
There are other legal heirs.
thanks
A

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kavksatyanarayana (Expert) 12 September 2024
All the legal heirs have equal rights over the parent's property. Declaratory suit may not be issued in the scenario.

T. Kalaiselvan, Advocate (Expert) 12 September 2024
You have repeated the same question in another thread.
You may visit that thread to know my answer.

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