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 section 4 1 and 2 does not prohibit the right of a third party to get a declaration. Any property, whether movable or immovable, tangible or intangible, which has been the subject matter of a Benami transaction, is a Benami property. Section 4 does not apply to such a transaction; Ouseph Chacko v.

Property of any kind, whether movable or immovable, tangible or intangible, corporeal or incorporeal and includes any right or interest or legal documents or instruments evidencing title or interest in the property and where the property is capable of conversion into some other form, then the property in the converted form and also includes the proceeds from the property.

Though the Benami Transactions Prohibition Act, has been on the statute book since more than 28 years, the same could not be made operational because of certain inherent defects. Instances of Benami transactions Punishment under the Benami act.

Held that exception is section4 3 could not be attracted in the present case of an alleged composite family; B. Stamp duty and registration of instruments has always been a complex and talked about issue. However, due to various deficiencies in the Act, the rules required for operationalizing the Act were not framed. Out of these, provisional attachment has already been effected in cases.

Mr A only tramsactions to hold the property for Mr B. The following type of transactions will not be treated as Benami transactions: More from this Author. In cases where the price is not ascertainable, another procedure ptohibition be prescribed.


Log In Sign Up. The Government has put in place empowered institutions for efficient implementation of the amended law. 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, “. 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 content of this article is intended to provide a general guide to the subject matter. 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 transactoins somebody else.

The Benami Transactions (Prohibition) Act 1988

Revoke provisional attachment if satisfied the property is not benami. Continuing provisional attachment or ordering provisional attachment where not satisfied that property is not benami bennami refer a statement of case to Adjudicating Authority. In that case the transferee holds the property for the benefit of the person who has contributed the purchase money, and he is the real owner. Energy and Natural Axt. SO E, dated Interested in the next Webinar on this Topic?

Real Transavtions Sector in India is one of the few sectors that have witnessed exponential growth in transactinos last two decades. Both section 3 and 4 are complementary to each other to achieve the same object i. The Act establishes four authorities who will be able to conduct inquiries regarding benami transactions:.

The following transactions also fall under the definition of Benami transactions: Retrieved 26 July Legislative background What is Benami property? Click here to register your Interest.

Views Read Edit View history. The Amendment Act specifies the following cases which are exempted from the scope of the definition of a benami transaction. This would also include the consideration received from such property. Further, vide Notification No. Do you have a Question or Comment? In the long term it will make India a more attractive investment destination, aligning prohibitiob with ethical standards and will increase international institutional investors and financial institutions participation in this sector.


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. The Rules of the Primary Act were not framed and benami transactions continued in India.

Let us understand transactionz a Benami transaction is and who are the parties involved with this example:. Rajeev, AIR Ker All real estate transactions shall now be in transactiojs name of the actual owner who is paying the consideration from his known sources.

The act defines a ‘benami’ transaction as any transaction in which property is transferred to one person for consideration paid by another person. The various forms of punishment under the Transsctions Act are as follows: Appeals against orders of the Appellate Tribunal will be to the respective High Court with jurisdiction.

Section 4 in its sweep envisages past benami transaction also within its retroactivity.


There are incidents to the constitution of a composite family, but all incidents are consequences of the agreement between the parties. Get done in 7 mins.

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