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The suit of vendee thus could not succeed in entirety.As far as ½ share of land sold by the mother the vendee would be owner thereof. It is true that in case of unborn persons the whole of the remaining interest must be transferred. However, you can purchase of benami property for the benefit of your wife or unmarried daughter but not for your son. With regard to the forging of your signatures by your younger brother for creating a fake Power of Attorney and taking a i, it is not understood as to on what basis your brother is claiming ownership of the said House.With respect to the cash money sent by you to your brother, it would be very difficult for you to prove the said fact, as there would be no documentary or other proof in this regards.As such the chances of success in the court of law in that regard are very remote. Here is a brief note on the said Act : Displaced Persons Compensation and Rehabilitation Act, 1954.The proposals made by the Government of India form time to time were, however, turned down by Pakistan.There was a persistent demand from displaced persons that these properties should be transferred to them on permanent ownership basis.Your brother can not claim ownership of the said Farm House, without any proper documentation in this regard and without showing appropriate consideration having been paid for purchase of the same.
To prevent further deterioration and to facilitate the rehabilitation of displaced persons from West Pakistan, this said Act, namely Displaced Persons Compensation and Rehabilitation Act, 1954 was enacted which provided that the right, little and interest of evacuees in evacuee properties in India would be acquired by Government.Regarding the Farm House belonging to your wife, if the documents of ownership are registered, a certified copy of the same can be obtained from the office of the Registrar, even if the originals are not available.In any event an FIR must be lodged by you against your brother for stealing of documents.Managing officers and managing corporations were entrusted with the custody, management and disposal of the assets in the pool.The Act further provided for the setting up of the Displaced Persons Welfare Corporation for the purpose of providing educational and medical facilities to displaced persons from West Pakistan and rendering assistance to institutions engaged in such activities.
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But where a gift is made to a class or serious of persons some of whom are in existence and other are not, the gift is valid with regard to persons who are in existence at the time of death of the testator and invalid as to rest. If the loan has been obtained in your name against collateral security of the House owned by you, the House can not become the ownership of your brother.