Apni Law Staff asked 2 years ago
My parents bought two neighboring plots in my elder siblings’ names back in 1982. They were young and didn’t have any income then. Our family, including my brothers, parents, and me, lived in the house built on those plots for 25 years. Unfortunately, my father passed away last year. Now, one of my brothers is refusing to share the property with me. Since the property was registered in my siblings’ names while they were minors, it seems like a case of a ‘benami’ transaction, but it was always meant for the entire family. What legal documents should I present to the court to prove my right to a share in the property?
Best Answer
Apni Law Staff answered 2 years ago
You can argue that the property was held in your siblings’ names as a trust for the benefit of the entire family. Present evidence like family documents, tax records, utility bills, and witness statements showing your family’s continuous residence and shared ownership for 25 years. Further, you can argue that the transfer to your siblings was a ‘benami’ transaction, a legal concept where property is held in another’s name but beneficial ownership remains with the actual owner.
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