https://www.taxtmi.com/caselaws?id=401005 A claim to partition a property standing solely in the mother's name was held barred by the Benami Transactions (Prohibition) Act, 1988, because the pleadings and documents did not establish a pre-existing HUF, a coparcenary, or any statutory exception based on trust or fiduciary capacity. No inheritable or transmissible right was shown to have accrued through the deceased father, as no vested plot or society interest had come into his estate before death and no record proved transfer, nomination, or substitution. Contemporaneous title documents and long-standing conduct consistently treated the mother as absolute owner, supporting the conclusion that the suit property belonged to her. en-us Tue, 03 Nov 2020 00:00:00 +0530 Wed, 25 Nov 2020 09:53:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=401005 A claim to partition a property standing solely in the mother's name was held barred by the Benami Transactions (Prohibition) Act, 1988, because the pleadings and documents did not establish a pre-existing HUF, a coparcenary, or any statutory exception based on trust or fiduciary capacity. No inheritable or transmissible right was shown to have accrued through the deceased father, as no vested plot or society interest had come into his estate before death and no record proved transfer, nomination, or substitution. Contemporaneous title documents and long-standing conduct consistently treated the mother as absolute owner, supporting the conclusion that the suit property belonged to her. Case-Laws Benami Property Tue, 03 Nov 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=401005