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 prohibition under benaim 4 1 and 2 does not prohibit the right of a third party to get a declaration. Archived from the original PDF on A retrospective operation is not be given to a statute so as to impair existing rights or obligations.

The Times Of India. There are incidents to the constitution of a composite family, but all incidents are consequences of the agreement between the parties. Real Estate and Construction. 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.

Show cause notices for provisional attachment of benami properties have been issued in cases involving properties of the value of about Rs.

Benami Transactions (Prohibition) Amended Act,

However, the Primary Act was not comprehensive enough and lacked to make a big impact. An Insight On Defaults. Benami property would also include the right or such other document evidencing title or interest in such property.

Benami Transactions Prohibition Amended Act, In s suit for recovery of benami property if any appeal is pending on the date of coming into force of section 4 the appellant court can take inot account the subsequent legislative changes; Om Prakash v. The governing principal for determining the question whether a transaction is benami or not is to be proved by showing that the purchase money came from a person other than the person in whose favour the property is transferred.


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

The Benami Transactions (Prohibition) Act 1988

Held that the Income-tax Deptt. The act came into force on 5 September Inthe Law Commission of India after studying various Acts and prevailing benami system, recommended formulating an Act to tackle the issue.

This Act consisted of only eight sections. Real estate is considered as one of bena,i major avenues for investment of unaccounted money in India.

Prohibition of Benami Property Transactions Act,

The Amendment Act increases the scope of transactions which qualify as benami and includes property transactions where:. The Act establishes four authorities who will be able to conduct inquiries regarding benami transactions:. Once the property is found to have been held benami no suit, claim or action to enforce any right in respect thereof shall lie. File all GST returns for your clients with automated data reconciliation – No download required.

The Act is necessary to reduce generation and utilization of unaccounted black money. Where adjudication order holds property as benami, hear affected persons and pass confiscation order.

Chabbahan Bibi, air Cal ; Urmila Dasi v.

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. Retrieved 26 July To address these deficiencies, several years later, inthe Govt of India introduced “Benami Transactions Prohibition Bill, “. In an attempt to curb black money, in JulyModi government decided to amend the original act [8] which was subsequently passed by the Parliament of India as “The Benami Transactions Prohibition Amendment Act, “.


The word “Benami” means anonymous or nameless and the term “Benami Transaction” is used to describe a transaction where one person pays for property but the property is transferred to or held by somebody else.

Your LinkedIn Connections trnsactions Firm. Rajeev, AIR Ker The authority will decide within a year if the property is benami. Specialist advice should be sought about your specific circumstances. Keeping in view section 81 of Trusts Act nominal transactions are not intended to be covered and are not hit by section 4;B.

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.

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. Property Hotline – Your Queries Answered!! Do you have a Question or Comment?

When a property is held by: