• Dispute over ownership of house

hello sir, 
 my father purchased a land in 1990, in the name of my uncle . and my father made a house on that land. my family start living there since 2003 till today, all the electricity bills  and phone bills are in favour of my father. now he is forcing us to leave the house and claiming the property. i want to know the solution , if any... its my fathers whole life income...even on property papers my father had signature but of my uncle's name..
Asked 2 years ago in Property Law from Singrauli, Madhya Pradesh
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.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
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.
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0
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.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
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?
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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