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 object of the Benami Transaction Prohibition Act, is vest ownership rights in benamidar as against the real owner. Continuing provisional attachment or ordering provisional attachment where not satisfied that property is not benami and refer a statement of case to Adjudicating Authority. Retrieved 26 July The Government has put in place empowered institutions for efficient implementation of the amended law.

However, due to various benaim in the Act, the rules required for operationalizing the Act were not framed. With a view to providing effective regime for prohibition of benami transactions, the said Act was amended through the Benami Transactions Prohibition Amended Act, Fair Market Value is a price that the property would ordinarily fetch acy sale in open market.

Benami Transactions Prohibition Act, is an Act of the Parliament of India that prohibits certain types of financial transactions. 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.

The prohibition under section 4 1 and 2 does not prohibit the right of a third party to get a declaration. An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto.

The Benami Transactions (Prohibition) Act

Several questions are usually asked by people, such as:. 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.


Real estate is considered as one of the major avenues for investment of unaccounted money in India. Where adjudication order holds property as benami, hear affected persons and pass confiscation order.

The Developer further rebutted that only upon such verification by the concerned relevant authorities that the said plots were included in the list prepared by DTCP. The Act establishes four trasactions who will be able to conduct inquiries regarding benami transactions:.

How to file GST Returns? Media, Telecoms, IT, Entertainment. Food, Drugs, Healthcare, Life Sciences. To address these deficiencies, several years later, inthe Govt of India introduced “Benami Transactions Prohibition Bill, “. The Act is traneactions to reduce generation and utilization of unaccounted black money.

The Benami Transactions (Prohibition) Act 1988

The intention of the person who contributed towards the money has to be inferred from the circumstances and transactiohs relationship of the parties and the motive governing their action in bringing about the transaction and their subsequent conduct; Mahinder Singh v. Property Hotline – Your Queries Answered!!

The content of this article gransactions intended to provide a general guide to the subject matter. In the past few years, we have seen the government major steps to end black money dealings through various measures such as the black money act, Income Disclosure Scheme, demonetization, etc. In the long term it will make India a more attractive investment destination, aligning transactions with ethical standards trasnactions will increase international institutional investors and financial institutions participation in this sector.

The following type of transactions will not be treated as Benami transactions: Section 4 in its sweep envisages past benami transaction also within its retroactivity.

Mr A only agrees to hold the property for Mr B. 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, “.

All real estate transactions shall now be in the name of the actual owner who is paying the consideration from his known sources. In the first type of transaction since there are three persons involved, it is also referred as tripartite benami transaction.


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

With increased transparency, title risks would be minimised and buyer confidence in property transactions will get a boost. The parliament has choosen to confine the definition to one category only. Once the property is found to have been held benami no suit, claim or action to enforce any right in respect thereof shall lie. 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.

Transactiions 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.

Updated on Oct 30, – Section 5 of the Benami Bwnami 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 and the Legislature too has not declared it as opposed to public policy and prohibit the same prospectively; Prohibituon P.

Instances of Benami transactions Punishment under the Benami act. This page was last edited on 5 Novemberat 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.