https://www.taxtmi.com/caselaws?id=286995 A suit seeking declaration of ownership in immovable property was held barred where the claim was founded on contribution of funds, possession, surrounding conduct and an asserted intention to transfer, because Section 4 of the Benami Transactions (Prohibition) Act, 1988 prevents enforcement of rights in property held benami after the Act came into force. The Court noted that contribution to purchase price or construction does not by itself create title, and informal writings cannot replace a registered conveyance. By contrast, a testamentary petition was maintainable because the probate court's role is limited to deciding whether the propounded document is the deceased's valid Will; disputed beneficiary shares or title consequences do not defeat maintainability. en-us Thu, 05 Jul 2018 00:00:00 +0530 Tue, 24 Mar 2020 10:20:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=286995 A suit seeking declaration of ownership in immovable property was held barred where the claim was founded on contribution of funds, possession, surrounding conduct and an asserted intention to transfer, because Section 4 of the Benami Transactions (Prohibition) Act, 1988 prevents enforcement of rights in property held benami after the Act came into force. The Court noted that contribution to purchase price or construction does not by itself create title, and informal writings cannot replace a registered conveyance. By contrast, a testamentary petition was maintainable because the probate court's role is limited to deciding whether the propounded document is the deceased's valid Will; disputed beneficiary shares or title consequences do not defeat maintainability. Case-Laws Indian Laws Thu, 05 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=286995