raman (private) 05 October 2012
What happens if somebody had taken some amount to buy a property say 10 years back. But during the course of some case they claim that the amount is a gift. But since gift is not registered they then say it is a loan. Would this acceptance of loan be used to recover the loan even if it is time barred.
Anish Thakur 7018812737 (advocate) 06 October 2012
state full facts of the query.
raman (private) 07 October 2012
Actually i had given Rs 15 lac to my brother in 2001 to buy some property. At that time he had no income at all. But instead of buying the property in his own name he bought it in his Father in Law's name. FIL did not pay any money. FIL later transferred the property to my brother's wife. There was some litigation in the property and it could only be registered in 2010.
As brother had no income and property was locked up he was unable to return the money. Now the value of property is 30 times and he can return but refused to do so.
1. I want to initiate Benami property suit against brother and FIL as the reason for this transaction is to avoid my loan. Money flowed from A (mysefl) to B and property is bought by C and is in the name of D. Is it a benami property
2. If this is possible then they may take the view that what i had given was a loan or a gift. Since no gift deed is regiserted ( above rrs 50000/- it is a must) they may take the stand that it is a loan from me. If they take this stand then can i take that as an admission of loan and initiate recovery suit ( 3yrs time barred :( )
3. Please suggest what remedy do i have? Shouldi stake a claim to the property as only my money is used there? Should i file for declaring it a benami property? or What?
4. I would have forgotten all but now my brother has started some litigation against me and is hell bent on harrassing my in any which way possible.
Please advise.......
raman (private) 07 October 2012
Another point my brother, FIL and brother's wife had no income for the last ten years apart from bare sustainence.
Anish Thakur 7018812737 (advocate) 07 October 2012
your claim over the property is not maintable at any circumstances as you dnt have any legal interest in the property ,i advise you to go with benami property defence,contact expert lawyer in this regard,feel fre eto call if you have nay problem
raman (private) 07 October 2012
Thanks Anishji for your advise esp. regarding Benami property angle.
But I am at sea as to how to start.
Should i file a suit or make a complaint for getting this declared a Benami property.
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
