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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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, “.

Show cause notices for provisional attachment of benami properties have been issued in cases involving properties of the value of about Rs. Unlawful Activities Prevention Act. How to file GST Returns? Although benami transactions are now illegal, the act had limited success in curbing them.

In cases where the price is not ascertainable, another procedure will be prescribed. The idea was to make the intention abundantly clear that parliament did not want to encircle the second category i.

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

The content of this article is intended to provide a general guide to the subject matter. Lakahmikathammal, AIR Mad In the first type of transaction since there are three persons involved, it is also referred as tripartite benami transaction.

Retrieved 26 July However, it is Mr B who actually pays for the same. Retrieved 17 February With a view to providing effective regime for prohibition of benami transactions, the said Act was amended through the Benami Transactions Prohibition Amended Act, Further, vide Notification No.

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The Benami Transactions (Prohibition) Act

Several tfansactions transactions have been identified since the coming into effect of the amended law. The parliament has choosen to confine the definition to one category only. The Act defined a ‘benami transaction’ as “any transaction in which property is transferred to one person for a consideration paid or transactinos by another person”. Benami Transactions Prohibition Amended Act, 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.

However, due to various deficiencies in the Act, the rules required for operationalizing the Act were not framed.

In that case the transferee holds the property for the benefit of the person who prohibitoon contributed the purchase money, and he is transactlons real owner. Keeping in view section 81 of Trusts Act nominal transactions are not intended to be covered and are not hit by section 4;B. Kan Singh AIR SCexplained Benami Transaction as “Where a person buys a property with his own money but in the name of another person without any intention to benefit such other person, the transaction is called benami.

The Benami Transactions (Prohibition) Act 1988

Accordingly, the Benami Transactions Prohibition Act, was enacted by the Parliament which came into force on 19 May The governing principal for determining the question whether a transaction is benami or not is to be proved by 198 that the purchase money came from a person other than the person in whose favour the property is transferred.


The Times Of India. Property of any kind, whether movable or immovable, tangible or intangible, corporeal or incorporeal and includes any right or interest or legal documents or transaftions evidencing title or interest trsnsactions 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 trajsactions from the property. Held that exception is section4 3 could not be attracted in the present case of an alleged composite family; B.

The person who pays for the property is the real beneficiary, either at present or at some point in the future, but is not recorded as the legal owner of the property.

Recently, the Government of Maharashtra made an announcement which reiterated the position under Muhammadan law that a Muhammadan may gift immovable property without registration of such gift.

The Benami Transactions Prohibition Act, ‘Primary Act’ was enacted in the year to prohibit all benami transactions. Several questions are usually asked by people, such as:. Where adjudication order holds property as benami, hear affected persons and pass confiscation order.

Get done in 7 mins. FREE software to e-file tax return of your clients. To address these deficiencies, several years later, inthe Govt of India introduced “Benami Transactions Prohibition Bill, “.