Help needed plssss

When there is a regd., sale deed in your mother's name then she is the absolute owner of that property.  She can dispose according to her will and wish.

Dear Sandeep,

You father can file a suit alleging that he purchased the property in the name of your mother benami and to declare that he is the owner of the said property.

But, as per Benami Transactions Act, if a person purchases a property in the name of his wife or un-married daughter with his funds and whenever a dispute arises, a presumption will arise that the property was purchased for their benefit unless contrary is proved.  So, high degree of proof is required from your father's side to prove that though the property was kept benami in her name, he is the real owner.

The court will consider the some aspects to resolve the dispute like custody of title deeds,person in whose name tax is imposed etc.  As per details given in your query, all those aspects favour your mother.

So, in my opinion, your mother will succeed in the given circumstances of the case. 

Doesn't it covered under "STREEDHAN".....as even in laws's transferred properties to married woman is considered as streedhan so why doesn;'t the property given by sale deed by the husband???

It won't come under the head of Stridhanam.

the said prop. was actually 1st purchased in the father's name actually then after 1 year it was transferred in the name of my mother....in lieu of maintainance as entered in sale agreement...thru sale deed....isn't this "in lieu of maintainance" is thier in sec.14 of the hindu succession act,1956???? i.e. streedhan???

exact words in marathi "veloveli kharcha sathi ghetle hote"...

the said prop. was actually 1st purchased in the father's name actually then after 1 year it was transferred in the name of my mother....in lieu of maintainance as entered in sale agreement...thru sale deed....isn't this "in lieu of maintainance" is thier in sec.14 of the hindu succession act,1956???? i.e. streedhan??? exact words in marathi "veloveli kharcha sathi ghetle hote"...

The property is of  the absolute ownership of the  of mother on different aspects interalia 

1...Sale deed 

2.  Condition that the sale deed is effected in  lieu of maintenance   the property is enlarged in to full ownership

      by reason of operation of  section 14 of The Hindu succession Act.

3...Such a suit is hopelessly  time barred  and the title if any of your father if at all was ,has already extingushied

4.. In any case, the   averments contrary to the terms of the sale deed would create estoppel against the father

5...The price of the  the property is debited from the salary of the mother accepting such  statement in the query

...thank u sir a lot.....but some clarification on the above points as like....

suppose if the court rules out the condition of sale i.e. "in lieu of maintenance"

( exact words in sale agreement in marathi "veloveli ghar kharcha sathi ghetle hote"...

Eng. Translation in english - "Property transfrrd in exachane of money taken from wife from time to time for household expenses")...........

does this satisfy one of the conditions of streedhan in sec 14 of Hindu succession Act???

If not then whose gonna benefit in this case>???

 

Hello Saneep,

Your mother got good chances to win the case

1. Deed executed by your father(original owner) of the property in the name of SALE DEED but contending that it is being done in lieu of Maintenance....... in exchange of money taken from time to time for household expenses.ANY WAY TRANSFERRING THE ABSOLUTE RIGHTS OVER THE PROPERTY.

2. APART FROM THE TITLE , all the documents supporting her continuous and uninterrupted posession of the property like Taxes, Bank Instalments repayment receipt, Electricity bills, Survey and assessment papers as u informed ....so ADVERSE POSESSION.

3. If at all he comes for litigation he would be estopped as it appears from the given facts that he has not paid any thing for the sake of maintenance of wife and children excepting the said property.

ALL THE BEST....

anyone else can throw some light on this issue plss????

my case update...

father has files a suit for injunction and delcaration as co-owner after 18years...

u can read the detatiled facts in my prev. posts....pls ur views...???

any suggestions????