File declaratory suit that you are absolute owner of property as full consideration has been paid by you
2) seek an injunction restraining cousin brother from disturbing your possession of land
Sale deed registered in cousin brother name but full sale consideration paid by me
In the year 2010 I purchased a property but due to some technical problems that property get registered in my cousin brother name, till today we don't have any problem regarding the above and we are living happily together. now cousin brother telling me that I have to vacate his property because all property documents are in his name and daily we are fighting regarding this matter and recently my cousin brother try to vacate me by force and case went to police station. Now my questions are as Below: 1) Can he has a right to vacate me, I am living on this property since from 2010? 2) While at the time of property purchase full consideration has been paid by me only. Cheques issued by me to the seller has properly reflected in the sale deed, due to some technical problems I can't get registered in my name. 3) can I claim legal title of the property based on consideration paid by me. Under such situations I need best alternative to resolve the above issue. Thanks in advance Venkatesh
Asked 5 years ago in Property Law
Religion: Hindu
19 Answers
1. Since sale deed for the property is in his name, legally he is entitled to have the possession of the property, the property papers of which indicate that he is the absolute owner.
2. However morally he can't evict you, as you are the Benami owner.
3. This comes under Prevention of Benami Transaction Act.
4. Since you have paid money for buying the property in your cousin's name, and if you can come out with the technical details as to why you didn't register the property in your name itself, then I think the problem may be resolved.
5. Amicably try to settle the matter with your cousin and if it's not successful, you can knock the doors of court, if you can provide convincing reason, which prevented you in not registering the property in your name itself, eventhough you paid the entire money to buy the property in your cousin's name.
1. It was your sheer mistake for not to get the property reverted to your name , albeit through a deed of gift which entail payment of stamp duty. Now under the eye of law your cousin alone is the lawful owner of this property and he has got every right to get you evicted from this .
2. Now you can not take plea of benami transaction is this not legally permissible anymore. Since lot of years have passed you can go for cancelling it on the ground of fraud or misrepresentation either as the same would be barred by waiver and estoppel.
So making amicable settlement if your cousin agrees is only option.
Sir technically this is a benami transaction and it comes under the Benami act.
If the amount paid from the known sources and there is reason for registering the property to.your brother and same can be backed up with evidence then you can file declaration of your ownership over same.
1. For now he can file for possession of same property.
2. Declaration suit can be filed.for.same in the civil court.
3. See it would be better if you both settle the issue if not then you have to file suit.for same.
1. Your cousin is the absolute owner of the property as sale deed is registered in his name. So he can evict you by filing a suit for your eviction in the competent civil court.
2. If sale consideration has been paid by you and you have evidence to prove it then remedy in your hands is to file a suit for declaration of being the true owner in the civil court.
I would like to add some more information about my first question Ours is a joint family having joint in all respects of estate, food etc. total members of the family is around 50 and till today partition is not happened and negotiation is going on between the elders to settle all the properties since from 8 months and now pending due to disagreement among the members of the family. The property which I have mentioned in my first question is having high value is in my cousin brother name and he is claiming that he is the absolute owner of the property, even though the funds which are used to buy the property belongs to HUF Funds, Purchase Consideration details as per the sale deed are as follows: Total Consideration Rs 24 Lac Bank Housing Loan Rs 15 Lac from Co-Operative Bank which is repaid within 6 months from the date of purchase (Majority Contribution by me) Balance of Rs 9 Lac from HUF Funds( Majority contribution by me) The reason for not registering the above property in my name: That I am an Auditor of a Co-Operative Bank where we have taken housing loan and Bank disagree to sanction loan on my name as it will leads to against auditing ethics. My cousin brother’s salary at the time of purchase of the above property is Rs 12000/- PM
Asked 5 years ago
1) HUF has to file declaratory suit that it is owner of property as funds used to buy property belonged to HUF
2) request karta to take necessary legal proceedings against cousin brother
See based on same a suit can be filed for declaration of property title and ownership based on the contribution of funds and payment of the consideration. Further the brother was not having that kind of income to purchase so yes it is good case on merits too.
If he refuse to mutually agree or transfer then suit is only way left.
1) if property registered on your cousin name then legally he can vacate you.
2) you can challenge same in court file a Declaratory suit and seek an injunction order.
Dear Sir,
As per the settled law of the land nobody can be dispossessed without recourse to law. Ask your cousin to approach Civil Court and get a order for removing you from the property. You are otherwise in settled permissive possession. If you have records like Aadhar card etc to show that you are residing in the said property then you can get ex-parte injunction order immediately against your cousin and restrain him from dispossessing you without recourse to law. In such case your cousin need to file a suit for possession of the portion in which you are residing or get an eviction order against you.
- As per the information mentioned in the present query, makes it clear that the property was purchased by using the funds of the HUF.
- So, the same property will have equal shares for each of the legal heirs.
- He can’t be said to have all the property in his possession.
- I am saying so because there has been a well defined law in the Hindu Succession Act that when the property is purchased by using the HUF funds then it is immaterial as to whose name it has been registered, all would have equal rights in it.
- You will have to approach the court of civil law seeking a suit for partition and declaration of the property as of HUF.
- In fact, there are plenty of judgments over the same legal issue, you are free to seek any further legal assistance from me through Kaanoon.
as consideration was provided by you and document was registered in the name of your cousin, such type of transaction falls within the purview of a benami transaction which is prohibited by law
however there is an exception to this, which was available prior to the amendment of the Benami transaction act in 2016
so as per the old benami law if the property is held by a member of HUF and purchased out of the known sources of income of such HUF, then it does not fall within the definition of benami transaction
also a person is not allowed to file any civil suit or even take a defense in a suit filed against him by a benamidar
but again prior to amendment of the benami law in 2016, there was an exception to the above which did not apply the above restriction if the person in whose name the property was purchased was a coparcenor of a HUF
So if you want to claim title to this property on basis that you paid its consideration, then you will be debarred from doing so, unless you take the stand that the party i.e. your cousin in whose name the property was purchased, is a coparcenor of HUF and the property was purchased for benefit of the other coparcenors
Don't vacate the premises let him file suit you contest the same by evidence of payment by you. As per the law he has to establish the source of funds from which the Property was purchased.
Thanks for all your answers In continuation of my First and Second question, now I come to know from reliable sources that my cousin brother is having intention of selling this property without the knowledge of the other members of the family, Under such circumstances what are options available for me to restrain my brother from selling of this property. Thanks in advance
Asked 5 years ago
file suit seek injunction restraining cousin from selling the property as advised herein above
file a civil suit and an interim application to stop him from selling and obtain a stay order
You need to file a civil suit and take injunction for selling and creating third party rights
1. Since the property has been registered on his name, he is the absolute owner of the property with marketable title in his favor hence if he files an eviction suit, you are liable to be evicted.
2. Whatever reason you may give for not registering the property on your name, the law is clear that the property is lying on your cousin's name, hence you cannot claim rights over it.
3. You can claim the consideration amount paid by you on the basis of evidence but for that also you ma have to see if it is not barred by limitation.
From your contents it can be clearly seen that the property was properly registered on your cousin's name and the loan also was sanctioned on his name only, hence he becomes an absolute owner of the property.
A property bought on an individual's name cannot belong to HUF.
Since you say that you paid the sale consideration amount, you may issue a legal demand notice and make him to commit to the loan amount availed for paying this consternation amount.
Once he has committed in writing, you may file a money recovery suit and seek an injunction against this property and also can ask for attachment before judgment of the property towards security for the loan amount.
See in the light of circumstances cited by you the suit needs to be filed along the interim stay application praying stay on the property pending the suit.