Purchasing property in the name of blood relation will not attract Benami Transaction Act. You have proof of  transfer of funds. It is  your self acquired property and it can be established. Execute a special power of attorney in favor freind or relative giving him power to mutate the property in your name. Get the SPA attested by Indian High Commissioner in U.K. Send the SPA to named person, he can get the property mutated in your name by Sub-Registrar. If any objection is taken by your relatives, you need to file civil suit seeking declaration of your ownership of property. Which  will be granted by court.

Father can execute gift deed in his lifetime it should be duly stamped and registered 

2) in alternative father can bequeath flat to you by will 

3) it should mention funds for purchase of property was contributed by you 

4) will should be attested by 2 witnesses 

1. Your father being the owner of the self acquired property can execute the WILL in your favour, explaining clearly your financial contribution in buying the property by him. Even if the WILL is challenged by anyone, including your eldest brother, you can defend the WILL by producing the financial record.

2. OR let your father execute a registered irrevocable Gift Deed in your favour and get it registered in the jurisdictional Sub Registrar's Office. Gift Deed takes effect immediately upon registering it in favour of the Donee(you) and upon accepting by you.

If your father is agreeing to transfer this house property to your name,  he can do the same during his lifetime by executing a registered gift settlement deed in favor of you instead of doing it by a Will. 

This will be the safest method of acquiring the property. 

Fi,e declaratory suit that you are absolute owner of property as full consideration has been paid by you 

enclose copy of bank statements that prove full consideration was paid by you 

As all the funds were sent via fema money transfer to his account from your account, it can be established that source of funds originated from you. It can also be proved father/brother had no source of income. The property is purchased in the name of father  only for convenience of procedure as you are abroad. On the basis of above proof you need to file a suit for declaration  in civil Court seeking declaration of you as owner of property and direction from the Court to Sub-Registrar for transfer of the same in your name. Any gift deed or execution  of will can be challenged on the above ground.

Even though you had sent money to your father, you had not instructed to purchase the property hence you may not be able to claim the house property directly.

You can of course issue a legal demand notice to your father instructing him to return your money or to give the house property to you in lieu of the said amount.

Yes you can through payments made to him to buy the property

You have to file a declaratory suit of your status as owner of the property against your father 

If property was purchased in name of a parent then that comes within the exception of a Benami transaction and would not be hit by the Benami transaction prohibition act 

- Since , you have funded the amount for purchasing the said property in the name of father , then legally you can be declare the owner of that property .

- Further, if your father is ready to transfer the said property in your name , then he can execute a registered gift deed in your favor any time during his life time. 

- Further, if he writes a WILLL in your favor , then there may be dispute after his demise , so it is not suggested. 

- Further, if the said brother creates trouble and your father misguided and refuse to given entire property to you, then you can file a Declaration suit before the court after submitting the proofs of fund. 

1. You can file a declaratory suit praying for a declaration that the property actually belongs to you since you have paid the full consideration to buy the said property in the name of your father out of love and respect and praying for a direction on the Register to register the title deed in connection with the said property in your name deleting the name of your father.

2. It will be easy for you to get favourable order if your father and other brothers depose in your favour.

3. Alternatively, your father can register a gift deed transferring the said property n your name.

1. You can claim title of the property by filing a declaratory suit as advised in my earlier post.

2. Without the Court order, your father is considered as the owner of the said property for which he can deal with the said property in any way he feels like.

Dear Client,

                 A father can disinherit his son from his self-acquired property only, and not from his ancestral property. Self-acquired property refers to property that is not inherited but is self-made out of one’s own funds and resources. Property acquired through a brother or an uncle may also be categorized as self-acquired. A property acquired through a gift deed or through a will is also self-acquired. Ancestral property is that which is inherited from a common ancestor- from father, grandfather or great grandfather. The common ancestor should be a direct male lineal ancestor.A father cannot freely give the ancestral property to one son. In Hindu law, the ancestral property can be gifted only under certain situations like distress or for pious reasons. Otherwise, the ancestral property cannot be given away to one child to the exclusion of all others.Under the Hindu Succession Act, it is quite clear that a sibling cannot claim share in other sibling's self-acquired property. Even after your death your flat will be given to your wife or your children and your brother cannot claim any share in your flat.A gift deed can be challenged in court if the deed is prepared forcefully by the owner of the property or without the consent of the owner of the property. If the gift deed has any additional conditions and that conditions are not fulfilled in the case gift deed can be revoked.A gift of a property that is valid and accepted by a donee, cannot be revoked by the donor, except under certain special circumstances.

Thanks & Regards