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Author Topic: Purchasing Property in Sons name  (Read 1033 times)

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Offline kareena khan

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Purchasing Property in Sons name
« on: February 27, 2015, 06:32:58 AM »
Hi,

Can some one help me with property issue. 

I purchased property from my uncle while I was studying in abroad, Flat full money was paid by me and the property I purchased is in my fathers name and he is owner of this property. Now I want to transfer it in my name without hurting my parents feelings and also there are not ready to transfer it now, they say however after death it will be in your name. But problem is that I have one younger sister who is married and stays with my parents. I don't want to have any issues in the future. Now my parents are ready to sell this flat and buy new one & much bigger flat. This is only opportunity where I can make this new property in my name.

Can anyone give me the idea like how to go about it? Do I need to take loan so that flat will automatically will come under my name?

I just want to make this new flat in my name not my parents so that I shouldn't have any problem in the future.

Please let me know the best ways to make this new flat in my name without hurting anyone.

Regards,
Kareena

Offline Advocate M.Bhadra

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Re: Purchasing Property in Sons name
« Reply #1 on: February 27, 2015, 07:00:53 AM »
You can return back the property if your father would agree to execute a registered Deed of Gift in favour of you,otherwise there is no way.

As per provision of Section 4(1) in THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988, your father would be treated as an absolute owner, you have no right over the property.

Section 4(1) in THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988
(1) 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.

----------------M.Bhadra,advocate at Kolkata,9836589246
« Last Edit: February 27, 2015, 07:04:24 AM by Advocate M.Bhadra »

Offline kareena khan

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Re: Purchasing Property in Sons name
« Reply #2 on: March 02, 2015, 03:45:46 AM »
My parents are ready to sell the old property.
We are going to purchase new property. Can I purchase the new property in my name, instead of my father?

Offline user9999

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Re: Purchasing Property in Sons name
« Reply #3 on: March 02, 2015, 04:36:24 AM »
thats more of a personal question between  you and father and no need to look for experts advise for this..and you know well that you will be back to square one posting the same question again in future here if you buy it on your father's name again..

Offline kareena khan

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Re: Purchasing Property in Sons name
« Reply #4 on: March 02, 2015, 11:38:13 AM »
haha  :)

anyway thank you for your advice experts. Much appreciated!!!

 

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