| Question And Answer | |
|---|---|
| Subject: | Property in mothers name purchased from funds of elder son and father-who is real owner |
| Category: | General Law, Income-Tax |
| Querist: | RK Maindola |
| Answered by: | Research Team |
| Tags: | Benami transaction, Father, legal remedy, Property of mother, son |
| Date: | June 29, 2021 |
Property consisting of a plot of land and building constructed afterwards on that , purchased from the funds of Father and elder son in the name of mother(fathers wife ,ie not ancestral property) 40 years back. A registered will was executed 20 year back jointly by father and mother distributing the property in the name of three sons (including one step son and excluding daughters)Now mother died recently. and father is still alive. Now the question is
1) Who are the real owners ie father son duo or mother.
2) Benami transaction act was not in force, hence property will be benami or what..
3)Can mother give entire property through will or gift deed ,against wish of father to second son ,depriving elder son who had invested 50% on property
4) What is the remedy left with elder son.
5) Is there any supreme court judgement where the persons who have provided the funds are declared as real owners not the person in whose name property is purchased.Details of such case may kindly be provided.
6) Mother died after two months of gift deed/will in favour of second son. suspicion of unnatural death or poisiong or giving less food which resulted in lowering of her blood pressure and subsequent death is there ,how to proceed further. under which law case can be filed against second son as mother was living with him and he avoided medical examination and obtaining certificate after death and before funeral(it was severe corona period) and elder son could not attend funeral due to Cobid RESTRICTIONS but advised him (younger brother ) through whatsapp message to obtain medical certificate before funeral. But he got annoyed and created a situation to cremate in a hurry. Any court judgement for reference.
7)Younger brother obtained Death certificate by giving false information ie wrong husband name and mothers name while giving application/affidavit to registrar. Can a case be filed but under which section rule.
It is difficult to advice unless one studies all the documents . If the property is divided by executing Registered deed . The property allotted as per registered deed will prevail . In Shyam Narayan Prasad v. Krishna Prasad and Ors. AIR 2018 Supreme Court 3152 It was held that any document which is not registered as required under law, would be inadmissible in evidence and cannot, therefore, be produced and proved Under Section 91 of the Evidence Act, nor any oral evidence can be given to prove its contents. One has to verify in Income tax return how the income from house property was shown etc . One has to verify whether the Gift Deed is registered and proper stamp duty is paid . Benami provision is not applicable . You may contact any lawyer who practice in property law and Civil litigation who will be able to guide after studying the all the documents , whether civil suit or criminal complaint or both .
I have purchased three floors in the name of my mother 15 year ago due to the dispute with my wife can I take back my property in our name by court case out of these three floors my mother sell one floor and custruct one building which is in her name all the transactions from my Acount
I have purchased three floors in the name of my mother 15 year ago due to the dispute with my wife can I take back my property in our name by court case out of these three floors my mother sell one floor and custruct one building which is in her name all the transactions from my Acount