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Case reference of benami transaction


18-Jul-2023 (In Civil Law)
Give some references of case records regarding share of right ,title& ownership how far admissible in favour of the name lender to the did of property purchased by benami transaction.
Answers (1)

Answer #1
987 votes
http://admis.hp.nic.in/himpol/Citizen/LawLib/C025.HTM http://www.prsindia.org/uploads/media/Benami/Benami%20Transaction%20Amendments%20comparison.pdf go through these to figure What will not be considered as Benami Transactions? Following transactions are not considered as Benami Transactions and are excluded from the scope of the Benami Transaction (Prohibition) Bill, 2015: Property held in the name of the children or spouse through know income sources; Property jointly held with brother, sister or lineal ascendant or descendant for which the amount is paid out of known sources of income; HUF buying property in the name of the Karta; Property held by someone in fiduciary capacity such as a trustee, executor, partner or director of a company. 4. What is the nature of transactions which will be considered as a benami transaction? Benami Transactions includes: Transactions which are carried out in bogus names; or Where the person who owns the property denies knowledge of the ownership; or Where the person who paid consideration for the property i.e. real beneficiary is not traceable or fictitious. Further, Benami Transactions shall include assets (movable or immovable, tangible or intangible), any right or interest, legal documents, even gold or financial securities could qualify to be Benami.
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