| Question And Answer | |
|---|---|
| Subject: | Benami Act |
| Category: | General Law, Income-Tax |
| Querist: | Sam |
| Answered by: | Advocate Aditya Ajgonkar |
| Tags: | Benami Act, Benami transaction |
| Date: | March 26, 2022 |
My Arrogant father brought few properties under my name. I trusted him, signed on documents wherever needed my signature. He never revealed the details, I never asked him. I was a fool to believe him, all this happened more than 20 years ago.
These properties are now in dispute, other parties are contacting me, threatening legal actions and other consequence. I am asking my father to explain the details, but he is so arrogant, he claims it is none of my business, since those properties belong to him. I agree with him that I didn’t contribute anything in purchasing the properties.
I am asking my father to either resolve the issues with thirds parties or explain the details to me so that I can handle with third parties. He stopped communicating with me. I have no stake in the property, but it has become a big headache for me. I am requesting him to transfer all the properties under to whomever he likes, but he is not responding.
I know I can send legal notice, but he is clever enough to reply and avoid any further legal action. As per Benami act, I am his son and he can legally buy property.
Is there any action I can take against him to transfer properties back to him?
Sir,
The Question asked by you cannot be answered routinely based only upon the information provided. If the parties that are disputing the property claims are getting in touch with you, I strongly suggest that you contact a local lawyer who will be able to guide you better based on the papers that you may have and the demands that the parties raising dispute may be making upon you. It may not be possible to merely ‘transfer’ properties back to him unilaterally and substantial legal correspondence may be required to be exchanged.