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Author Topic: dad's property  (Read 224 times)

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Offline diwakarp

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dad's property
« on: February 03, 2017, 08:48:08 AM »
Hi my name is diwakar,I have a elder brother Prasad.I dint intercaste marriage which my mom Dint like so she fought with me , now she is gone sell our Hz , she is not ready to give me a share.Actually wen my father expired we saled our old Hz . From tht money we registered this new Hz on in my moms name,
1) can I put case on her
2) wat can I do to get my share
3) do I have a share

Offline advabdul

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Re: dad's property
« Reply #1 on: February 05, 2017, 07:42:14 AM »
Property Registered in Your mother's name that also purchased by her in paper.

Sorry nothing can be done. Its her wish now whatever she can do.

Property is the biggest reason for crimes in India. use your brains and leave your mother alone.
Advocate Abdul
I am Muslim law Advisor

Offline Advocate M.Bhadra

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Re: dad's property
« Reply #2 on: February 06, 2017, 10:03:50 AM »
If property is belong and registered in your mother's name then you can not claim during her life time, in her life tine she can sell the property to anybody. It does not matter who would have provide money at the time of purchasing the property. Here is the provision of laws. So you have no relief to file a suit.

Section 4 in THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988
 Prohibition of the right to recover property held benami.—
(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.
(2) 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.
(3) Nothing in this section shall apply,—
(a) where the person in whose name the property is held is a coparcener in a Hindu undivided family and the property is held for the benefit of the coparceners in the family; or
(b) where the person in whose name the property is held is a trustee or other person standing in a fiduciary capacity, and the property is held for the benefit of another person for whom he is a trustee or towards whom he stands in such capacity

M.Bhadra, advocate at Kolkata,9836589246
« Last Edit: February 06, 2017, 10:06:54 AM by Advocate M.Bhadra »

Offline adv.amarnath

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Re: dad's property
« Reply #3 on: February 11, 2017, 02:26:49 AM »
1) can I put case on her
Ans: Yes under benami transaction but still she will have rights in respect of her inherited share.

2) wat can I do to get my share
Ans: File a civil Case

3) do I have a share
Ans: It will be your case that you have share.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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