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Samir N (General Queries) (Business)     13 September 2015

Benami property purchased on relative's name

About 20 years back, I purchased a flat on a relative's name. That relative has NEVER paid a single paisa towards the flat's maintenance or stepped in the flat or attended society meetings. However, the flat still stands in the name of that relative and the relative has suddenly become non-cooperative. What are my options, if any, to get the flat transferred to my name?  The relative does not have a single copy of the documents of the flat.  Effectively this is a Benami transaction or is it? What laws, if any, become effective to get the flat transferred to my name? Possession has always been with me. Adverse possession may not apply as I have no evidence to show adverse relationship of any kind or is there a way to get around this requirement? 



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 3 Replies

advocatepassy@gmail.com 971794 (Advocate)     16 September 2015

People change ownership of benami properties as soon as possible and do not wait for 20 years. Try to mend ways and offer him some reasonable compensation, depending n the value of the property, so that he cooperate with you in transferring it in your name, even though for economic gains. After all you also benefitted by acquiring it in his name

advocatepassy@gmail.com 971794 (Advocate)     16 September 2015

People change ownership of benami properties as soon as possible and do not wait for 20 years. Try to mend ways and offer him some reasonable compensation, depending n the value of the property, so that he cooperate with you in transferring it in your name, even though for economic gains. After all you also benefitted by acquiring it in his name

T. Kalaiselvan, Advocate (Advocate)     21 September 2015

An amicable settlement will fetch you smooth sailing or else you may be involved in long drawn legal battle which you may or may not win.


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