Q3(1)6 MarksSmt. Rajouri Devi (Plaintiff), daughter of late Sri Giriraj Kumar had filed a civil suit in the Trial Court against her brothers (Defendants) for partition and for recovery of one-fourth share from the suit properties. These properties comprised of immovable and movable properties like deposits in banks and investment in shares held in the names of defendants. Her contention was that her father was a man of substantial means and had purchased these properties out of his sources. These properties were acquired benami in the names of her brothers. Therefore she was entitled to one-fourth share.(a) Mere a financial assistance given by the someone to another to acquire the property should be determined as Benami transaction? Give reason and explain in the above stated facts.(b) The burden of proof that the apparent purchaser is not the real owner lies on whom?
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