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Did property purchase under mother's name come under benami property
02-Sep-2023 (In Property Law)
I had purchased a house in June 2013 for residential purpose. The property is registered in my Mother's name and I paid the loan EMI from my salary since then. The loan has myself as primary applicant and mother+father as co-applicant. I have also been claiming tax rebate for it. a) Does this property come under Benami Property ? b) If yes then what can be done now ?
No, its not a Benami property. Benami essentially means property without a name. In this kind of transaction the person who pays for the property does not buys it under his/her own name. The person on whose name the property has been purchased is called the benamdar and the property so purchased is called the benami property. The person who finances the deal is the real owner. '
The property is held for the benefit - direct or indirect - of the person paying the amount.
What constitutes Benami property?
Property that does not stick to the following criteria:
a) Property held in the name of spouse or child for which the amount is paid out of known sources of income
b) A joint property with brother, sister or other relatives for which the amount is paid out of known sources of income
c) Property held by someone in a fiduciary capacity
This means, by law, if you buy a property in name of your parents, too, can be declared as benami.
The property is held for the benefit - direct or indirect - of the person paying the amount.
What constitutes Benami property?
Property that does not stick to the following criteria:
a) Property held in the name of spouse or child for which the amount is paid out of known sources of income
b) A joint property with brother, sister or other relatives for which the amount is paid out of known sources of income
c) Property held by someone in a fiduciary capacity
This means, by law, if you buy a property in name of your parents, too, can be declared as benami.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Who is the legal owner of mother's property?
A daughter is entitled to the same property as her mother. The Act does not make a distinction between daughters who are married and unmarried. She gets the same rights as her father, brother and sister in self-acquired properties of her mother. 27-Jun-2023
What if property is in the name of mother?
The mother has the right, if the property is registered under her name, to sell or transfer the property as she pleases. The mother can gift her property to her children during her lifetime by signing a Gift Deed. The Gift Deed must be signed voluntarily and registered in order to be legally valid. 07-Jan-2022
Can my mother claim her father's property?
In accordance with Section 15 of this Act, the following people inherit the property of a woman after her death. Only the mother can claim the fathers share of the property during her mothers life.
Does father property belong to whom?
In 2005, an amendment to the Hindu Succession Law of 1956 was passed. The aim was to give the daughter an equal claim to the property of the father (regardless her marital status). Continue reading to learn more about the law that has solidified daughters rights to their fathers properties.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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