• Benami under children's name

My authoritative father bought properties under my name. When I was in good terms with him, I have signed many documents and Power of Attorney. (PoA) I have not even read the documents (I blindly trusted my father). He said someday in future he will gift them to me, but he will not say when. He always dangles a carrot.
A couple of years back, he sold a property under my name, forget about any financial help, he is not even revealing the selling price to me. He always claims it is 'none of my business' to discuss about his properties. I am worried about tax ramifications and any future liability.
Some of the properties are in dispute, since he is not giving any details, I requested him many times to transfer remaining properties under my name to person of his choice, he is not responding to my request(s), but still uses my name. Disputed parties contact me to discuss the details of the property with me, they claim it is registered under my name, they want to resolve the issues. I am clueless and humiliated; they think I am ‘dummy’ and some even call me with that name. 
I am 40 years old, with my own family. I am frustrated with my father. At this point, I want to separate myself from him. I can send legal notice, but he may dodge it by saying, in future he will gift those properties to me’, but I cannot stand him anymore. I cannot face these humiliations and embarrassments. 
I don't want his assets or his liabilities. How can I legally force him to reveal the properties under my name and make him to transfer his name or to any person of his choice? I am looking for quick resolution.
Asked 16 days ago in Property Law
Religion: Hindu

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7 Answers

Issue legal notice to father to disclose properties bought in your name 

 

2) you can also take search in sub registrar office to obtain details of property standing in your name 

 

 

Ajay Sethi
Advocate, Mumbai
80593 Answers
4946 Consultations

5.0 on 5.0

If the properties you are talking about are his self acquired property then he is free to do with this. 

If those are ancestral one then you can file partition suit to claim your share. 

You can start residing separately for which no legal notice is required. 

However you are legally bound to maintain your father if he has no independent source of income. 

Devajyoti Barman
Advocate, Kolkata
22037 Answers
325 Consultations

5.0 on 5.0

If the power of attorney deed given to him by you was by an unregistered document, then you can very well cancel the same by issuing a legal notice to him.

 

You can still issue a legal notice even if it is by a registered deed.

 

The power of attorney deed given to him without the particulars of the properties in it is also invalid especially when he is trying to do any transaction on the basis of the POA deed in his favor. 

 

However you cannot issue a legal notice to him asking for the particulars of the properties that stands on your name, he will simply express nil knowledge about it even if he is knowing it, you cannot do anything to him about that.

 

You involve elders and his friends to come out of this trouble 

 

T Kalaiselvan
Advocate, Vellore
70624 Answers
987 Consultations

5.0 on 5.0

1. firstly i suggest that you revoke all the POAs you may have given to your father

2. this can be done by sending him a revocation letter and also publishing about it in local newspapers having wide circulation in the areas where the properties are located

3. the above will be quick resolutions for the moment

4. since you do not claim any right or interest in the properties that have been registered in your name by your father by taking you as his benamidar, i suggest that you file a suit against your father for a declaration from the court that you are not the owners of the properties and it is your father who is the true owner and also seek cancellation of the registration of all the properties that are registered in your name

5. the only concern with respect to the above would be the Benami Transaction Act which prohibits any person who has purchased properties benami from taking a defense in any suit against him. However since the properties are bought by the father in the name of his son, i think that the said transaction comes within the exceptions to the benami transactions under the Benami Act

Yusuf Rampurawala
Advocate, Mumbai
5920 Answers
43 Consultations

5.0 on 5.0

Hey, 

You will have to send a legal notice to your father for this. He may dodge you after which you can go to the court directly and plead the court for issuing summons so that your father presents himself in the court and reveals information about the properties. If there has been any mishap in his transactions, you can plead guilty under undue influence, however, since you are an adult you will have to be careful. 

 

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Anik Miu
Advocate, Bangalore
188 Answers
1 Consultation

5.0 on 5.0

- If the said properties are registered in your name , then your father cannot sell without your consent and having authority from you. 

- Further you can file a complaint against those transaction , and can also declared null and viod after filing a suit for declaration before the court. 

- Further, if you dont want to go against him , then you can send him a legal notice to him for revealing the details of properties , and not to use your name in the transaction without your consent. 

- Further , if the properties are in your fathers name or ancestral then you can claim a right over the same legally. 

Mohammed Shahzad
Advocate, Delhi
5982 Answers
60 Consultations

5.0 on 5.0

If the same is brought through the known source it will be not be considered as bemani under the Act

Prashant Nayak
Advocate, Mumbai
23026 Answers
49 Consultations

4.4 on 5.0

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