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Property partition in a Hindu United Family
08-Oct-2023 (In Property Law)
My father and my uncles were 4 brothers(Suppose A B C and D) living in a joint family until 1990 when they split up.A is the eldest brother;B is the 2nd eldest (Died),C is my father, D is the youngest. A house was bought in 1983 when the family was together. My father paid his fair share in the purchase of the property but no one maintained any account of that as the family was together. The papers have only the name of two brothers (A and D). After separation every family had separate rooms, space for cooking, electric meter and common hall and bathrooms. We have been paying our share of the tax/maintenance expenses for that house. My father died 10 years ago. We were still living in the same house, until recently we moved out to a newly purchased house by my mother. Now health condition of A is degrading day by day because of his age. D is trying to evict us by saying we don't have our names in the Property papers. A is supporting us. There will be no one supporting us after A dies
Since the abolish of Benami Property Transaction in 1988 ,your father has no right over the property though he spent money at the time of purchasing the said property.
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.
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.
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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