Sir, In Bangalore BDA used to allocate sites based on seniority, I applied in my father's name and the site was allotted, I paid for the entire transaction and sale deed was written in my father's name, this was in 2003, later due to family dispute, i moved out of house, last year he sold the plot, I would like to know, whether I have any rights on the property, if so, what details I need to collect, I don't have any copy the sale deed. Looking forward for your expert's advice.
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You can file suit claiming sale proceeds as full consideration was paid by you
2) you have to enclose bank statement to prove full consideration was paid by you
3) copy of sale deed should be enclosed
4) you can obtain certified copy of same deed by which land was purchased from sub registrar office and also copy of agreement by which father sold the land
5) before filing suit issue legal notice to father to claim sale proceeds
Since the site was allotted by the BDA to your father (likely due to his seniority/eligibility) and the Sale Deed is in his name, the property is legally classified as his "self-acquired property."
Therefore your father has absolute right to sell his self-acquired property to anyone he chooses during his lifetime without the consent of his children..
You mentioned that you paid the entire amount. Under the Benami Transactions (Prohibition) Amendment Act, 2016, if one person pays for a property but the title is held by another, it is often considered a "Benami" transaction. While there are exceptions for property held in the name of a child or spouse, the law is much stricter when a child pays for a property in a parent's name. Proving you are the "real owner" in court is legally uphill because the law generally bars suits to recover property held Benami.
However on the basis of the evidences for making payment towards consideration amount you may file a suit for declaration or to recover the money paid as loan for this purpose.
1. If you have demonstrable evidence to prove that you only paid the entire sale consideration towards purchase of the site in your father's name, then you will have right over the sale proceeds received by your father.
2. Get copies of allotment letter, possession certificate, lease-cum-sale deed (if any), absolute sale deed, Bank Challans. Khatha Certificate and extract. Also sale deed executed by your father in favour of the Buyer and encumbrance certificate.
3. You can obtain copy of the sale deed from the jurisdictional Sub Registrar's Office.
