https://www.taxtmi.com/caselaws?id=393786 A pleading claiming declaration of ownership and partition merely because one family member supplied the purchase or construction money does not, by itself, establish legal ownership in property standing in others' names; at most, it may support a separate money claim if proved. The counter-claim therefore failed to disclose a sustainable cause of action for the reliefs sought. It was also barred because it in substance asserted that consideration was paid by one person while title vested in others, which is a benami claim prohibited by statute. The alleged trust or fiduciary character was not pleaded with sufficient particulars to bring the case within any recognised exception, so the counter-claim was rejected as not maintainable. en-us Wed, 15 Jan 2020 00:00:00 +0530 Mon, 23 Mar 2020 11:19:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=393786 A pleading claiming declaration of ownership and partition merely because one family member supplied the purchase or construction money does not, by itself, establish legal ownership in property standing in others' names; at most, it may support a separate money claim if proved. The counter-claim therefore failed to disclose a sustainable cause of action for the reliefs sought. It was also barred because it in substance asserted that consideration was paid by one person while title vested in others, which is a benami claim prohibited by statute. The alleged trust or fiduciary character was not pleaded with sufficient particulars to bring the case within any recognised exception, so the counter-claim was rejected as not maintainable. Case-Laws Benami Property Wed, 15 Jan 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=393786