How to get the our half property registered on our name and is there any problem if still property tax name not changed.
2 years ago
We are joint family till 2012. My father and his brother doing the business. They bought one house and registered my fathers brothers wife name. Later after we separated demolished the house and constructed two independent houses. When we separated that time everyone in my fathers brother house are signed on stamp papers as half of the portion is belongs to my father. But the registration is not yet done. We are calling them for registration but they are not doing it. Name on property tax is coming on their name only. Please provide some suggestions. How to get the our half property registered on our name and is there any problem if still property tax name not changed.
A.Dear Sir,
First approach Civil Court and take an injunction order and further claim declaration in respect of such property and a direction will be given to opposite party to register property in your father’s name.
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First approach Civil Court and take an injunction order and further claim declaration in respect of such property and a direction will be given to opposite party to register property in your father’s name.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Buying property in the name of brother’s wife has attracted Benami transction. Under the THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988. Benami transaction means any transaction in which property is transferred to one person for a consideration paid or provided by another person.Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property. No defence based on any right in respect of any property held benami, whether against the person in whose name the property is held or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property.
All properties held benami shall be subjected to acquisition by such authority, in such manner and after following such procedure as may be prescribed.
It is necessary on the part of your father to amicably convince his brother's wife to transfer in registered manner the half portion of the property to your father's or yours favour otherwise through legal step you cannot recover the same because Benami transaction is not only a punishable offence but the Central Government has the power to seize the Benami property.
No suit, claim or action to enforce any right in respect of any property held benami against the person in whose name the property is held or against any other person shall lie by or on behalf of a person claiming to be the real owner of such property. No defence based on any right in respect of any property held benami, whether against the person in whose name the property is held or against any other person, shall be allowed in any suit, claim or action by or on behalf of a person claiming to be the real owner of such property.
All properties held benami shall be subjected to acquisition by such authority, in such manner and after following such procedure as may be prescribed.
It is necessary on the part of your father to amicably convince his brother's wife to transfer in registered manner the half portion of the property to your father's or yours favour otherwise through legal step you cannot recover the same because Benami transaction is not only a punishable offence but the Central Government has the power to seize the Benami property.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
Since the property tax is coming in their name that means on paper they are the true owner of the property. So it's is necessary to get the name change on property tax. For that first you'll have to get the your share of property register on your name. So, it would he suggested to talk to your relative and solve the issue amicably and get your share of property registered on your name.
Thanks.
Since the property tax is coming in their name that means on paper they are the true owner of the property. So it's is necessary to get the name change on property tax. For that first you'll have to get the your share of property register on your name. So, it would he suggested to talk to your relative and solve the issue amicably and get your share of property registered on your name.
Thanks.
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A.Hello Sir/Ma'am
You must complete the registration process as soon as possible in order to have rights over the your share of property and and have legal documents of the same. Since the tax is not coming in your name that means you are not the true owner, they are the true owner. So, to avoid further complications it would be suggested to get your share of property registered in your name.
Thanks.
You must complete the registration process as soon as possible in order to have rights over the your share of property and and have legal documents of the same. Since the tax is not coming in your name that means you are not the true owner, they are the true owner. So, to avoid further complications it would be suggested to get your share of property registered in your name.
Thanks.
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A.You should get the registration done as soon as possible because as long as it is not done the basis the property tax receipts it is assumed that the house belongs to them. To show that this portion of the house belongs to you there must be a documentary proof of registered document.
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