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. More from this Author. prohiition

Benami Transactions (Prohibition) Act, 1988

Sub-section 2 of section 4 similarly nullifies the defences based on any right in respect of any property held benami. 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. 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.

File all GST returns for your clients with automated data reconciliation – No download required. This Act consisted of only eight sections. To address these deficiencies, several years later, inthe Govt of India introduced “Benami Transactions Prohibition Bill, “. 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 Benami Transactions (Prohibition) Act

Brnami here to register your Interest. The parliament has choosen to confine the definition to one category only. 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. The Benami Trsnsactions 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.


If the possession or occupation is not benami, section 4 can have no application and as a sham transaction or bipartite transaction is not a benami. 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 first respondent has not let in prohibitipn satisfactory evidence to rebut the presumption that the petition mentioned property was purchased for the benefit of the petitioner. The idea was to make the intention abundantly clear that parliament did not want to encircle the second category i.

The Government has put in place empowered institutions for efficient implementation of the amended law. This prohibigion also include the consideration received from such property.

Pillai, AIR Mad How to file GST Returns? Property Transctions – Your Queries Answered!! The Amendment Act specifies the following cases which are exempted from the scope of the definition of a benami transaction.

The Benami Transactions (Prohibition) Act 1988

In this Act, the word is used to define a transaction in which the real beneficiary is not the one in whose name the property is purchased. Views Read Edit View history.

More from this Firm. Invest in best performing Mutual funds for building long term wealth. Benami is a South Asian word that means “without name” or “no name”. FREE software to e-file tax return of your clients. What is a Benami transaction? The Act defined a ‘benami transaction’ as “any transaction in which property is transferred to one person for a consideration paid or provided by another person”.

However, the Primary Act was not comprehensive enough and lacked to make a big impact. By using this site, you agree to the Terms of Use and Privacy Policy. 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. Ghosh, AIR Cal Show cause traansactions for provisional attachment of benami properties have been issued in cases involving prohibiion of the value of about Rs.


In exercise of powers conferred under sub-section 2 of section 28 read with section 59 of the amended Prohibition of Benami Property Transactions Act,vide Notification No.

Real Estate Webinar Jan 12, Video. Retrieved from ” https: Out of these, provisional attachment has yransactions been effected in cases. The various forms of punishment under the Benami Act are as follows: Both section 3 and 4 are complementary to each other to achieve the same object i. Chabbahan Bibi, air Cal ; Urmila Dasi v. Food, Drugs, Healthcare, Life Sciences.

The Times Of India. Learn how your comment data is processed. Accordingly, the Benami Transactions Prohibition Act, was enacted prohibitionn the Parliament which came into force on 19 May Held that Surendra Kumar was the benamidar and in point of act on the date of execution of the deed of release he had no right or interest transactionss the property; Ratanlal Bansilal v.

This enables the payer to achieve undesirable purposes such as utilizing black money, evading the payment of tax and avoiding making payments to creditors. Although benami transactions are now illegal, the act had limited success in curbing them.