PROPERTY DISPUTES
14 Oct 2013, 11:37
My father had purchase a property in year 1997 with his friend as 50 :50 share, however proprty was registered in my uncle name and my father friends name.
in the year 2006-07 my father has spent almost half of his retirement benefit to make some iprovement in that property.
I just want to check how much my father has right to legally cliam share in the portion of property which is registered in my uncle name.
2 Replies
Legally your father has right in the property per se being a benami transaction. But he can claim or recover money with interest from your uncle and you may also go for injunction against the property. For further suggestion contact;
Payal Jain(Advocate)
(jain_payal9[at-the-rate-of]yahoo[dot]com)
Dear Ramakant, your father has legal right in the property purchased by your father and uncle as a benami transaction. Whenever a property has been purchased by one person for which consideration has been paid or provided by another person, the said transaction is considered to be a “benami” transaction. The proposition of law regarding the ownership of any property would be that the person in whose name the property has been purchased is presumed to be the real owner of the property and the burden of proving the transaction as benami is on the person who asserts that the property was purchased through the funds provided by him. Property means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in such property.
Your father has legal right to claim share in the portion of property even though it is registered in your uncle name. Your uncle cannot take any actions in the said property without your father’s consent. […]