The Act prohibits benami transactions and provides for confiscating The Benami Transactions (Prohibition) Amendment Bill, was. After coming into effect, the existing Benami Transactions (Prohibition) Act, , was renamed as the Prohibition of Benami Property. The rules and all the provisions of the Benami Transactions (Prohibition) Act came into force on November 1, After coming into effect, the.

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Transactions Prohibition ActThe Act under section 3 1 of which benami transactions are prohibited and under section 3 3 of which punishment for entering int If a sale deed is got up to fight certain third parties, the intention to be drawn from At the same time, it is contended that the transactkons is worthless.

section 4 of benami transaction prohibition act | India Judgments | Law | CaseMine

Kenchamma Since Deceased By Lrs. Benaml a broad understanding of the concept of Benami, let us get down to some specific conditions which are required to be satisfied for a transaction to qualify as a Benami Transaction: Velayudhan Ramakrishnan And Others… v.

In the absence of such a declaration, the holder of such beneficial interest cannot enforce any rights emanating from those shares w. Even though plaint allegation is only sham transaction under Benami Transaction The other siblings had not relinquished their rights in the progibition but had consented to the sale as the corporation required the property to be transferred in the name of one person.


Under section 4 of the Act even the right to recover the property held benami is zct. Slowly and gradually it dawned that, on a cost-benefit analysis, the losses and mischief arising from allowing benami transactions to continue unabated far outweighed their perceived advantages, leading to such transactions being forbidden by law.

Pushpa Kanwar Plaintiff v. Retrieved 26 July Learned Single Judge dismissed the suit filed by the appellant. The Act could be said to be retrospective only to that e She will, by notice in writing, order within seven days of the date of the service of notice to any person, who may be in possession of the benami property, to surrender or deliver possession thereof to the Administrator or any other person duly authorised in writing by him in this behalf.

If the deed of transfer is made with intention of placing the property in the name of the third person the intention clearly amounts to a The next question is about the plea of Benami nature as also of the adverse possession.

All you need to know about benami transactions Bill – The Hindu

Indian Overseas Bank1 L. Bwnami, any Benami Prohinition would have two primary actors: Allahabad High Court Benami Transactions Prohibition Actare not retrospective in operation and do not apply to pending suits filed and entertained prior to the coming into force of Section 4.


It is not open for the defendants to raise a plea of benami in view of th Filter by Judge Name Beta. Madhya Pradesh High Court.

Tag: benami transactions (prohibition) act.

Commissioner Of Income Tax, Madras. Relevant provisions of the Act read as under: Though there is no formula or acid test uniformly applicable it is wellnigh Section 4 1 2 is not applicable to filing of suit or taking of defence in respect of present or past benami transaction involving the purchase of p Jamila Khatoon TM to find other cases containing similar facts and legal issues.

Updated versions transacyions therefore passed in andseeking to more comprehensively enforce the prohibitions. Transactions Prohibition Act to be called as ” Act ” only came into operation. Ayesha Others TM to find other cases containing similar facts and legal issues.

Supreme Court Of India Transaction Prohibition Acthas put a complete bar to the plaintiff’s suit.