Hi,

You have mentioned that in the property papers your father's signature is there, but it is in your uncle's name, did your dad signed as a witness.

1. Since the property stands in the name of your uncle and if the sale deed shows only his name, you cannot legally make a claim of title and ownership.

2. You have the possession and the utility bills in your dad's name, what about house tax, is it in his name .

3. At present if your uncle is threatening to evict you, approach the court with a permanent injunction seeking against alienation of property and creating any third party rights.

4. Collect any documentary evidence to prove that your dad has invested the money, his source of income and at the same time your uncle was not having the source to purchase the same. However all these are mere attempts to hang on to the possession, your dad should have transferred the tile in his name, before the construction of the house.

As per provision of Section 4(1) in THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988, your uncle would be treated as an absolute owner,your father have no right over the property. Your father can not claim adverse possession even paying taxes and electricity bills.

Section 4(1) in THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988

(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.

1) since property has been purchased in name of your uncle he would be absolute owner of the property .

2) if your uncle is forcing your father to leave the property refuse to vacate .

3) let your uncle file suit for eviction .

4)in your defence your father should take the plea that entire consideration for purchase of house was paid by him by cheque . that land was bought for benefit of the joint family

5) better arrive at an amicable settlement with uncle

Litigation is a long drawn process. Legally your uncle is owner of the property.

Your father has been in possession of the property for over 20 years. Claim adverse possession as defence.

1. Signature of your fatjher is appearing in which legal paper and in what capacity?

2. Have your father signed the sale deed as witness,

3. Since the property stands in the name of your Uncle, you have no right on the said property as such,

4. Your father should file a declaratory suit praying for declaration that your father is the actual owner of the house since the said house has been constructed by him spending from his money and that the said land also was purchased with his money,

5. In addition to the above suit, your father should file an application praying for an order upon your uncle restraining him from dealing with the said property in any manner till the above suit is disposed of by the Court.

If taxes are submitted in the name of your Uncle you shall have to argue that your father was forced to pay it in your Uncle's name since the land was purchased by him in your Uncle's name.

Hi, as the property was registered in the name of your uncle then he become the absolute owner of the property so now you can't question the ownership of the property and it has become absolute property of your uncle.

1. The property has been purchased in the name of your uncle. After the registration of conveyance deed in his favour he became the absolute owner of the property despite the fact that the consideration was not paid by him.

2. If your father wants to impeach the ownership of your uncle then he is required to file a lawsuit to claim declaration as the absolute owner of the property as the consideration was paid by him through a cheque.

3. Your father cannot be forced to leave the property. If your uncle wishes to evict your father then he may file a suit for his eviction int he court, whereupon the court may order your father to vacate. However, under no circumstances your father can be evicted from the property without a court order.

4. Your father may seek a stay order from the court against forcible eviction by your uncle.

Why were the tax returns filed in the name of your uncle when the electricity bill and phone bill is in favour of your father?