https://www.taxtmi.com/caselaws?id=298921 Registered contemporaneous documents and surrounding circumstances can establish joint ownership even where title stands in one brother's name; on the facts, both brothers were held to have equal rights in the half share, and the elder brother was treated as holding it in a fiduciary capacity. The fiduciary holding brought the transaction outside the benami prohibition. The partition suit was not barred by limitation because the joint status continued and a later notice created a fresh cause of action. A separate declaration of title was unnecessary, and the plea of ouster failed because exclusive hostile possession was not proved. The dismissal was set aside and a preliminary decree for partition was granted. en-us Fri, 19 Jun 2020 00:00:00 +0530 Sat, 27 Nov 2021 08:45:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298921 Registered contemporaneous documents and surrounding circumstances can establish joint ownership even where title stands in one brother's name; on the facts, both brothers were held to have equal rights in the half share, and the elder brother was treated as holding it in a fiduciary capacity. The fiduciary holding brought the transaction outside the benami prohibition. The partition suit was not barred by limitation because the joint status continued and a later notice created a fresh cause of action. A separate declaration of title was unnecessary, and the plea of ouster failed because exclusive hostile possession was not proved. The dismissal was set aside and a preliminary decree for partition was granted. Case-Laws Benami Property Fri, 19 Jun 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298921