We are 3 brothers. My father had purchased a agricultural land in the year 1967 in the name of my elder brother who was exactly 18 years at that time and was studying. The other two brother were minor at time.
Unfortunately, no activity took place with regard to this land later. Very recently we came to know that the elder brother sold this property for 50 lacs. What is the remedy now?
Asked 2 years ago in Property Law from Bangalore, Karnataka
Since the property was purchased in the name of your brother, he alone will be treated as its owner.
He has done no wrong and unfortunately you having no share in it can do nothing.
However your effort at personal level may yield some result but intervention of court would be absolutely non-productive.
Your elder brother who was exactly 18 years at that time and was studying could not have purchased the land in the year 1967 without your father's financial support. Meet your brother and discuss these things and try to arive at an amicable settlement.
1) since property was purchased in name of elder brother he would be absolute owner of said property .
2) you have no right on the sale proceeds
the property was purchased by your father on your elder brother's name, which is lost forever as there exist The Benami Transactions (Prohibition) Act, 1988 wherein section 4 provides:
Prohibition of the right to recover property held benami. – 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. Your elder brother in whose name the said property was registered is the title holder of the property,
2. He is at liberty to sell it to any body,
3. Any attampt to legally claim share in the sale proceed will be futile and wastage of time & money.
Hi, it was purchased in his name as he is absolute owner of the property........... you have only remedy to file suit for partition and contended that the property purchased was in joint family income of the family.