Apni Law Staff asked 3 years ago
My father helped his widowed mother purchase land and build a house, contributing around 90% of the cost. He has records of these transactions. The house was registered in his mother’s name. He was the eldest son and took care of the family’s finances while his younger brothers were unemployed. Now, his mother has passed away without leaving a will. Can my father claim the full value of his investment in the property?
Best Answer
Apni Law Staff answered 3 years ago
Under Indian law, your father’s contribution towards the land and house, despite being registered in his mother’s name, could be considered a “benami transaction”. He can claim ownership of the property based on evidence of his contribution and the absence of a will. However, the court will consider all aspects of the case and may not grant full ownership, but a proportionate share based on his contribution.
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