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Ashish   16 March 2019

Can this be reported under benami property act, To whom and how..? Kindly guide..

One of known government officer is depositing black money in cash in accounts of his Mother, Sister & wife's name and has created Total amount of FDR of Rs. 35 Lacs FDR in name of these ladies of family.

Also Property is purchased out of deposited cash through wife's account.

There are other facts which supports above fact that these FD/Cash deposit does not belong to these ladies of family and beneficiary shall be person in government job.

I have all above Saving & Fixed deposit statements along with salary slips of government employee since joining which does not validate such high fixed deposits or asset creation.

Please confirm

1. can above transaction be reported under bemami property property act?

2. If above can be reported under benami transaction or property act, kindly confirm how and to whom this complaint can be done. would be great if any online platform available however hard copy means will also do.

3. apart from Lokayukt and EOW where else complaint for above transactions can be done?


Learning

 2 Replies

Sharma Twinkle Manojkumar (Student)     16 March 2019

All these transactions would fall within the ambit of 'Benami Transactions' within the Benami Act.

(A) a transaction or an arrangement where a property is transferred to, or is held by, a person, and the consideration for such property has been provided, or paid by, another person; and the property is held for the immediate or future benefit, direct or indirect, of the person who has provided the consideration. (Emphasis on continued 'beneficial ownership' of the real owner)

(B) a transaction or an arrangement in respect of a property carried out or made in a fictitious name(In other words, where benamidar is a non-existent person or entity)

(C) a transaction or an arrangement in respect of a property where the owner of the property is not aware of, or, denies knowledge of, such ownership; (A recent example of this is how Jan Dhan bank accounts were inundated with funds during demonetization and Jan Dhan account holders were made unwitting benamidars of the huge funds (Though in many cases it was also done in collusion with the account holders!).

(D) a transaction or an arrangement in respect of a property where the person providing the consideration is not traceable or is fictitious;

 

Ashish   17 March 2019

Dear sir,

Would be a great help if other queries too can be reverted..

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