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How to prove a property as Benami


15-Feb-2023 (In Property Law)
Please suggest if the property has been bought in 1973 on someone else's name and that person has given an affidavit as he is further gifting the property at Re. 1, so this can be proved as benami property now
Answers (3)

Answer #1
902 votes
See on the limited facts the case sounds really dicey. For a proper advice need to know:
1. The paper of sale and purchase.
2. Property registration papers.
3. The affidavit on which it was handed over with the execution papers.
4. Consideration and the person's detail who gave it at a consideration of rs.1.
Answer #2
626 votes
as per the TP Act Law of property this property is not covered under benami property as this rule was not applicable at the time of purchase of this property but all relevant paper need to produce any advocate for further process.
Answer #3
887 votes
We need to collect payment details at the time of purchase of property in 1973. Relationship of the person in whose name the property purchased by the person who paid the purchase amount. Financial capacity of the person in whose name property was purchased. Who was using the property since the date of purchase e.g. if it was rented who was landlord and who was getting rent etc.

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