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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The real estate sector has been one of the top-most contributors to the country’s Gross Domestic Product GDP and employment creation. Held that a real purchaser is the respondent, the petitioner as an agent and power of attorney had purchased the property but ostensibly had his name entered in the sale certificate fraudulently and without consent of the principal and the question of benami does not arise though section 4 prohibits such a plea; P.

Provisional attachment of property if necessary. 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.

Benami Transactions (Prohibition) Act, 1988 – Meaning & Provisions

The parliament has choosen to confine the definition to one category only. With a view to providing effective regime for prohibition of benami transactions, the said Act was amended through the Benami Transactions Prohibition Amended Act, Accordingly, the Benami Transactions Prohibition Act, rtansactions enacted by the Parliament which came into force on 19 May Both section 7 of the Benami Act and section 4 of the Benami Ordinance repeal section 82 of the Trusts Act keeping section 81 of the Trusts Act intact.

Updated on Oct 30, – Section 5 of the Benami Transactions Prohibition Act, applies only to tripartite or benami transactions and not to bipartite or sham transactions, for if it had been so, the property covered by bipartite transactions would also be liable to be acquired without compensation or payment of any amount beanmi the Legislature too has not declared it as opposed to public policy and prohibit the same prospectively; Bhargavy P.

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The fundamental difference between the two categories of transactions is that in the former there is an operative transfer resulting in the vesting of title in the transferee, whereas in the latter there is no operative transfer and the transferor continues to retain title of the property notwithstanding execution of the documents; Bhargavy P.

The Benami Transactions (Prohibition) Act 1988

Log in to leave a comment. The various forms of punishment under the Benami Act are as follows: Stamp duty and registration of instruments has always been a complex and talked about issue. 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.

They are not disjunctive provisions in a comprehensive legislation intended to prohibit benami transactions. The idea was to make the intention abundantly clear that parliament did not want to encircle the second category i.


So if a new Act was passed inall those who acquired benami properties before would be given immunity. 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 benai, direct or indirect, of the person providing the consideration. Benami Transactions Prohibition Amended Act, An Insight On Defaults.

Retrieved from ” https: All real estate transactions shall now be in the name of the actual owner who is paying the consideration from his known sources.

The following type of transactions will not be treated as Benami transactions: The presumption against retrospective operation is strong in cases in which the statute if operated retrospectively would prejudicially affect vested rights or the illegality of the past transactions, or impair contracts, or impose new duty, or attach new disability in respect of past transactions or consideration already passed and as defined in section 2 a a transaction must be benami irrespective of its date of duration, i.

Held that the Income-tax Deptt. An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto. Where any person enters unto a benami transaction in order to defeat the provisions of any law or to avoid payment of statutory dues or to avoid payment to creditors, the following shall be guilty of the offence of benami transaction:.


Continuing provisional attachment or ordering provisional attachment where not satisfied that property is not benami and refer a statement of case to Adjudicating Authority. Archived from the original PDF on A property is purchased and registered in the name of Mr A.

Moreover, this will also increase the tax revenue for the Government by curbing unaccounted money into the system. Learn how your comment data is processed. Where adjudication order holds property as benami, hear affected persons and pass confiscation order. Trransactions of Cheque — Section of the Negotiable instruments Act.

Real Estate and Construction. In force Benami Transactions Prohibition Act, is an Act of the Parliament of India that prohibits certain types of financial transactions.

A retrospective operation is not be given to a statute so as to impair existing rights or obligations. In the past few 11988, we have seen the government major steps to beanmi black money dealings through various measures such as the black money act, Income Disclosure Scheme, demonetization, etc.

The reason for bringing an Amendment Act instead of a new Act is that the Primary Act has penal provisions and penal provisions cannot be applied retrospectively. The person who pays for the property is the real beneficiary, either at present or at some point in the future, but is not recorded as the legal owner of the property.

The act bans all benami transactions and gives the government the right to recover property held benami without paying any compensation.

prohlbition The Benami Transactions Prohibition Amendment Act, ‘Amendment Act’ seeks to amend the Primary Act and is aimed at catching those with black money in the domestic economy hidden through benami properties.

What is a Benami transaction? The Times Of India. More from this Firm.