Property purchased by grandfather in mom and aunt's name
2 years ago
My grandfather purchased a property in my mom and aunt's name in 2002 using his money. My mom along with her family has been living there since 2004. While my aunt lives in a different city.
As my grandparents are not in good terms with my aunt anymore, my grandfather wants to claim that property as it was purchased using his money.
Is that possible ? If yes, how ?
A.Dear client,
The mother and aunt can give the property back to him by way of a gift deed. However, merely because your grandfather paid for the property does not mean he will have any legal rights over it since the registration has been done in somebody else's name. If your mother and aunt wish to give the property back to him, then only can he get it back.
Thank you.
The mother and aunt can give the property back to him by way of a gift deed. However, merely because your grandfather paid for the property does not mean he will have any legal rights over it since the registration has been done in somebody else's name. If your mother and aunt wish to give the property back to him, then only can he get it back.
Thank you.
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A.Dear Client
Once the property has been registered in somebody' name then only that person can make arrangements for transferring the property to any body even to the person who paid the money for that. Paying money for the property is not a criterion to get it back.
Once the property has been registered in somebody' name then only that person can make arrangements for transferring the property to any body even to the person who paid the money for that. Paying money for the property is not a criterion to get it back.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If your grandfather wants to claim that property from your aunt,then he has to prove through documentary proof that through his fund he got that property purchase in the name of his daughter. The Benami Transactions (Prohibition) Act, 1988 cannot be attracted in this regard . Through letter, your grandfather can insist your aunt either to gift or to sell the property in registered manner to your mother. Because if your aunt will transfer it in registered manner in favour of your grandfather, then again your gandfather has to Gift it in registered manner in favour of your mother otherwise problem will arise after the death of your grandfather.
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