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sathyanrayana J (sse)     09 December 2011

Cancellation of gift deed

Sir,

 

My mother made a gift deed to my sister in the year 2009 with out any conditions. Actual property is purchased with my father's earnings and he kept it on my mother's name.i.e all sale deeds are on my mother's name.

My mother is not a employee and she doesn't have any source of income. She is a housewife.

I have filed a suit on this in the year 2010, saying that this property is earned by my father and I do have share in that. Court is not agreed on this and said that I am not able to prove that this property is purchased with my father's income.

Please suggest me that how can I prove that property is purchased with my father's income?

Thanks,

Sathyanarayana J

 

 

 


 



Learning

 4 Replies

sridhar pasumarthy (ADVOCATE)     09 December 2011

Dear Sathyanarayana,

It appears that u filed a case to declare that ur father purchased the property benami in the name of ur mother.

U can prove your case by adducing evidence about the income of ur father,  about no source of income of ur mother etc.

Heavy burden lies upon the person who takes the plea of Benami Transaction.

2 Like

kvss.prabhakar rao (Advocate )     11 December 2011

Sridahar is correct.

1 Like

sathyanrayana J (sse)     12 December 2011

Sir,

Thanks for you reply and suggestion. I would like to give you better picture.

I have filed a case and stated that on sentimental reasons my father kept the property on my mother's name.

My father was a former and he does not any IT returns etc., Then How can I show the evidance?

If my mother accepts that property is purchased with my father's income, would it be sufficient?

sathyanrayana J (sse)     12 December 2011

I have corrected the spelling mistakes here

Sir,

Thanks for your reply and suggestion. I would like to give you better picture.

I have filed a case and stated that on sentimental reasons my father kept the property on my mother's name.

My father was a farmer and he does not any IT returns etc., Then How can I show the evidence?

If my mother accepts that property is purchased with my father's income, would it be sufficient?


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