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Will a property being sold for Rs 1 be called 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
882 votes
It is not clear
1. whether this some one is a relation of the family. 2. What is the nature of the property 3. How can gift of property be a Re 1/-. It is not legal.
4. What is purpose of this query.Is it to prove Benami or not to ?
Answer #2
788 votes
Such transaction do not attract bemani traction prohibition act 1988.as it's not covered under sec 2 of the Act.A S their is no transaction as per the Act.Nominal traction is no transaction at all as per interpretation.
Answer #3
861 votes
See for a property to be declared Benami, the illegality must be proved. Since in your case it seems like the property was gifted so, the possibility of it being declared Benami seems not evident. But, for an accurate advice need to see the documents of the property and the executed deed of Gift in the recent owner's name.

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