The original law relating to Benami transactions was laid down in The Benami Transactions (Prohibition) Act, This Act consisted of only. The Benami Transactions (Prohibition) Act – Property Lawsin India at , a website for Indian Laws and bareacts, legal advice. The Benami Transactions (Prohibition) Act, (‘Primary Act’) was enacted in the year to prohibit all benami transactions. The Act.

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Do you have a Question or Comment? Provisional attachment of property if necessary.

The Act also has safeguard mechanisms such as the adjudicating authority and the appellate mechanism for appeals. Although benami transactions are now illegal, the act had limited success in curbing them. Benami Transactions Prohibition Amended Act, The object of the Benami Transaction Prohibition Act, is vest ownership rights in benamidar as against the real owner.

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Therefore it has been held that the transaction is not a benami transaction and that the first respondent is not the real owner of the petition mentioned property; Rajam Ammal v.

Lakahmikathammal, AIR Mad The intention of the person who contributed towards the money has to be inferred from the circumstances and prohibigion relationship of the parties and the motive governing their action in bringing about the transaction and their subsequent conduct; Bbenami Singh v. In cases where the price is not ascertainable, another procedure will be prescribed. This enables the payer to achieve undesirable purposes such as utilizing black money, evading the payment of tax and avoiding making payments to creditors.


In that case the transferee holds the transacrions for the benefit of the person who has contributed the purchase money, and he is the real owner. In exercise of powers conferred under sub-section 2 of section 28 read with section 59 of the amended Prohibition of Benami Property Transactions Act,vide Notification No.

Benami Property Transactions Act, – Meaning & Provisions

Sub-section 2 of section 4 similarly nullifies the defences based on any right in respect of any property held benami. The Benami Transactions Prohibition Act, An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto.

The amended law empowers the specified authorities to provisionally attach benami properties which can eventually be confiscated. When prkhibition property is held by: Benami property would also include the right or such other document evidencing title or interest in such property.

This makes Mr B the beneficial owner of the property. The third party has the right to raise the contention that someone was the real transferee and the sale deed was only executed in the name of the transferee who was a benamidar, Gopal Bariha v.

The first respondent has not let in any satisfactory evidence to rebut the presumption that the petition mentioned property was purchased for the benefit of the petitioner. Accordingly, the Benami Transactions Prohibition Act, was enacted by the Parliament which came into force on 19 May Views Read Edit View history.

However, it is Mr B who actually pays for the same. Held that the Income-tax Deptt. The Amendment Act specifies the following cases which are exempted from the scope of the definition of a benami transaction. Log in to leave a comment. The Amendment Act seeks to clearly define the benami transactions, establish adjudicating authorities and an Appellate Tribunal to deal with benami transactions, and specifies the penalty for entering into benami transactions.


It is clear that in spite of the recommendation of the Law Commission of India to bar institution of suits only, the Ordinance making authority has thought if it to bar other proceedings also and has also provided in express words barring of all claims and actions to enforce the right of a person alleging to be the real owner against the benemidar. The term ‘Benami Transaction’ covers a transaction or Arrangement where a property is transferred to, or is held by, a person for a consideration provided, or paid by, another person; and the property is held for the immediate or future benefit, direct or indirect, of the person providing the consideration.

Stamp duty and registration of instruments has always been a complex and talked about issue.

Benami Transactions (Prohibition) Act, 1988

ttransactions Several benami transactions have been identified since the coming into effect of the amended law. Invest in best performing Mutual funds for building long term wealth. So if a new Act was passed inall those who acquired benami properties before would be given immunity.