I had bought a plot in 1994 with my own money but i put my father's name there on papers during registration.
2 years ago
I had bought a plot in 1994 with my own money but i put my father's name there on papers during registration. I have only this piece of property even they have much more my father asked me to give the half of it for my brother sir please help me to ressolve this issue
The papers does not contains his signature even he was not present there during registration it contains only his name.
I dont want to share it because i have this only property and bought with my own money and i have my family too please help to resolve this isssue
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Hello sir.
Your information that banami transaction alo repeal by government. Either your case also banami transactions.
But other side you said that at the time excuation os sale deed your father was not present before the registration authority. How the sale deed execute.
Because at the time of excuation of sale bothe party will be present before the compitent authority.
It is the illegal.
Either you can go for a declaration that plaintiff is the absolute owner this property. If you satisfied the learned court you will be success.
But other opportunity you have not.
Other side you file a case settlement case that all the money is my when I brought this plot. Either your opposite party agree this settlement you Wii be success.
If you satisfied my answer and help ful my answer to you. You give me rate if you like.
Your information that banami transaction alo repeal by government. Either your case also banami transactions.
But other side you said that at the time excuation os sale deed your father was not present before the registration authority. How the sale deed execute.
Because at the time of excuation of sale bothe party will be present before the compitent authority.
It is the illegal.
Either you can go for a declaration that plaintiff is the absolute owner this property. If you satisfied the learned court you will be success.
But other opportunity you have not.
Other side you file a case settlement case that all the money is my when I brought this plot. Either your opposite party agree this settlement you Wii be success.
If you satisfied my answer and help ful my answer to you. You give me rate if you like.
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A.Dear Sir,
You have to file a suit for declaration on the basis of your financial sources stating that you alone purchased the property and you are not suppose to share the property with your brother. Thus, you may win the case.
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You have to file a suit for declaration on the basis of your financial sources stating that you alone purchased the property and you are not suppose to share the property with your brother. Thus, you may win the case.
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Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.got registered on his name without his presence and his signatures ?
Have to read papers to give proper advice because there are many if and buts.
Seller is still alive ?
It might be possible to get it cancelled and get it registered in your name.
Have to read papers to give proper advice because there are many if and buts.
Seller is still alive ?
It might be possible to get it cancelled and get it registered in your name.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Buying property and registering it in the sole name of father has attracted benami.The person transacting “Benami Transaction” is called “Beneficial Owner” and the person in whose favour transaction held is called “Benamidar”.
The Hon'ble Supreme Court of India has observed that the enquiry as to whether a particular transaction is Benami or not depends upon certain factors:
However, there are some factors which weigh a great deal with the Courts in such an enquiry:
i) the source from which the purchase money came;
ii) the nature and possession of the property, after the purchase;
iii) motive, if any, for giving the transaction a benami colour;
iv) the position of the parties and the relationship, if any between the claimant and the alleged benamidar;
v)the custody of the title-deeds after the sale; and
vi)the conduct of the parties concerned in dealing with the property after the sale.
Under Section 4 of the Prohibition of Benami Property Transactions Act 1988, 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.
Therefore try to resolve the problem amicably with your father because any legal notice and/or litigation will confirm it as Benami transaction which may lead to Attachment and Confiscation of Benami Property.
The Hon'ble Supreme Court of India has observed that the enquiry as to whether a particular transaction is Benami or not depends upon certain factors:
However, there are some factors which weigh a great deal with the Courts in such an enquiry:
i) the source from which the purchase money came;
ii) the nature and possession of the property, after the purchase;
iii) motive, if any, for giving the transaction a benami colour;
iv) the position of the parties and the relationship, if any between the claimant and the alleged benamidar;
v)the custody of the title-deeds after the sale; and
vi)the conduct of the parties concerned in dealing with the property after the sale.
Under Section 4 of the Prohibition of Benami Property Transactions Act 1988, 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.
Therefore try to resolve the problem amicably with your father because any legal notice and/or litigation will confirm it as Benami transaction which may lead to Attachment and Confiscation of Benami Property.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Dear Sir/ Madam,
You will have to show the registration was done solely out of love andaffection. You can institute a civil suit for title declaration.
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You will have to show the registration was done solely out of love andaffection. You can institute a civil suit for title declaration.
If you find this response useful please rate me.
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A.Dear Sir/ Madam,
Institute a civil suit for declaration of title. You need to also prove that consideration was paid solely by her and the name was put out of love and affection.
If you find this response useful please rate me.
Institute a civil suit for declaration of title. You need to also prove that consideration was paid solely by her and the name was put out of love and affection.
If you find this response useful please rate me.
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Vaidehi Samant
Responded 2 years ago
A.From what you have mentioned its very confusing and not clear. What do you mean by your father's name is there but he does not have signatures and he was not present? In whose name is the property registered? Better get the agreement reviewed. Thank you.
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